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Suing The Va

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frosty69

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I would like to know, what the first step is, in trying to sue the VA for poor medical care, without a lawyer. I know you can't sue VA doctors, so have to sue the va instead, or do you file some kind of a claim for poor medical care.

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If the VA caused you injury you can persue a federal tort claim and go that way. You can also file a 1151 claim for disability sustained as a result of VA treatment. Personally I consider Berta Simmons the expert on this issue.

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Basically, I haven't suffered anymore disability or illness, that I know about, but in time I feel I will, but by then, it will be to late, there are many health issue's, but will try and explain 2 of them, first of all I got 20% comp, in jan of 2003 for diabetes 2, from agent orange, but in my medical papers from the va, it says I had diabetes from 1994, diet control, but no one told me till 2003, that I had diabetes, just that I was borderline, and to this day, I do not get daily testing materials, just blood work 2 times a year, plus I am on 4 different blood pressure medicines, and still not very good pressure, usually runs about 140 to 160 over 70 to 80, with pulse around 50-60, so I feel between the diabetes and.or blood pressure problems, it is going to be very hard on my health, plus being over weight. Voc Rehab, would of bought me a treadmill, but my Doctor at the VA said it wasn't his job to ok it. Plus I saw a copy of my medical papers at the VA from Dec. 2004, where my Docotor wrote, that I was suppose to walk to lose weight, but no treadmill was required, but have tried to explain to this jerk from India, that I live in a smaill town (217) people, we have no sidewalks, no recreation center, no nothing, if I want to walk in the winter time, have to walk in the street, where it is very icy, and where I fell and hurt my back a year ago, and just had surgery on it at a va hospital down in Iowa, 550 miles from my home, and had to pay all my own expenses, except for the .11 mile we get, and I am rated at 100% disabled from the VA, and am on SSDI, plus have other issues, that are to complicated to get in on this forum.

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Guest terrysturgis

Frosty69, I also have DMII and high blood pressure. I've been fighting the HBP for a long time. The medications I take for HBP are:Tiazac (240 mg), Hydrochlorothaiazide (25 mg) and Lisinopril (5 mg). I started taking the Lisinopril and the readings are a lot better. I'm not giving medical advice, just sharing with you what works for me. If you can get your BP down it makes the rest of the crap of the disease a little easier to tolerate. Take care of yourself. Terry Sturgis

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Frosty- I sure can relate to what you said about the need for a treadmill- we dont have sidewalks here-

Hills of New York-a VA doc asked my husband if he could walk three blocks- (he could hardly make it down our steps-we are about 50 feet higher then the road)-

due to his stroke- he had forgotten what a "block" was so his answer seemed to indicate he could walk further than he really could-

HBP can lead to some many other problems----a treadmill might be a very god idea-

do you feel comfortable in breaking down your 100% for us?

DO you have hyperlipidemia? Or Atherosclerosis?

WIthout any other etiology the VA could SC these conditions as secondary to your DMII.

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Terry

What is this 2-year limitations, 2 years from what date?

As for the blood pressure pills I take, they are:

Atenolol 50 mg a day

Lisinopril 40 mg a day

Diltiazem 120 mg once a day

Furosemide 20 mg a day

Plus on Metformin hcl 1000 mg tab once a day

Plus a 81 mg aspirin tab once a day, plus a bunch of other pills for other ailments

Berta

As for breaking down my 100%, no big deal

I had 70% for PTSD

20% for diabetes 2, plus a couple of zero % which equaled 80%, then I got TDIU, THEN WAS CALLED IN FOR A C&P exam, a couple of years ago, but wasn’t told it was a C&P exam, just was told to come in to mental health, then a month later, got a letter in the mail, that they had jumped me to 100% scheduler on account of panic attacks and agoraphobia, but I had asked these 2 ailments to be secondary to my PTSD, so don’t know if they screwed me or not. I never did get a breakdown of what I got for panic attacks and agoraphoboa.

As for hyperlipidemia or Atherosclerosis, I do not know what they are, but will look them up

My cholesterol has been under 200 all my life usually around 160, but last July it was up to 240, and have never smoked, so that has helped me a little, but started drinking in Vietnam, and made a pig out of myself, until about 12 years ago, when I quit, except for a couple of hot brandies once or twice a week.

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Frosty

You should try for housebound SMC due to your agraphobia. That is the definition of being housebound and since you are 100% schedular I think you could get it. It is a few extra bucks.

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