Perfected Ftca

[sweeper68]

I filed a letter of complaint to BVAMC after suffering a heart attack and residual damage due to their (BVAMC) not addressing the diagnosis and complaint (non treament of a known condition for 3 years ). Instead of filing a complaint claiming an amount certain the VSO told me I could write a letter of complaint to the hospital but not to enter an amount for damages ! Of course they never replied to my letter.And I filed an 1151 within the 2years of my heart attack. It was denied after 4 years in the merry go round called adjudication. But strangely enough they awarded a 100% rating for heart shortly after learning where I was going with my complaint.. I did not even submit a claim for the heart ! anyway I filed an sf 95 (registered mail )shortly afterward and it got lost after waiting for a reply for 2 years and was told to submit a new one !! Yes! the ride is just beginning! I submitted a new claim( copy of original ) ,this time time they admitted reciept of the claim.I know the FTCA law stating you must notify the offending agency for a claim to be valid, so the question IS. do I stand on solid ground as far as procedure goes? My POA is the American Legion and my opinion of them is lower than a snakes belly ! Anyone with knowledge that could assist me would appreciated.. Sweeper 68 Vietnam Vet 67-68 Central Highlands

[sweeper68]

That would be too easy on them.. I was leaning more toward putting them in a cage at the zoo and letting the monkeys sling poo on them while we watch ! lol..

I'm back!!! and I am getting ready to file 2 more FTCA and 2 1151 claims... I've been under the weather lately but am ready to go back to battle with the

system we all know and love for taking such good care of us vets! while recovering from a bout of sinus infection. I was reviewing my many reams of medical reports and I came across a cardiologist notation on an EKG report that states Sinus Tachycardia extensive t wave changes.. (Heart rate too high) abnormal changes possibly due to myocardial ischemia.. lack of blood flow to the heart... A well known cardio doctor in my area made these observations in 1996!! The VA had these reports in my C file.. You think they ever followed up on any of these? NO! Let me throw this out there.. If a vet files a claim for IHD and is diagnosed with it, the FTCA statue of limitations clock starts rolling.. could this have any bearing on the foot dragging regarding IHD claims we now see being implemented by VA? So I am filing a claim for failure to treat myocardial ichemia! Someone please feel free to chime and correct me if I'm wrong, it won't be the 1st time LOL! Also filing both for failure to treat glaucoma and resulting in partial vision loss in left eye// A VA note in my records state that patient was lost to follow up!! I have a strong family history of glaucoma it is noted in my records as fact. but yet they lost me to follow up??? I haven't changed my residence in 20 yrs, so How in the Hell did I get lost ??

[Berta]

"So I am filing a claim for failure to treat myocardial ichemia! Someone please feel free to chime and correct me if I'm wrong, it won't be the 1st time LOL! Also filing both for fa"

That was part on my FTCA claim-failure to treat myocardial ischemia.

The VA determined that failure (among other negligence) "hastened" my husband's death.

I had a 2 year Statute of Limits. I didnt know for sure if VA had been negligent or not but I filed FTCA claim within months of his death.As soon as I gathered evidence I knew I was right.

I cannot determine here if you are within the Statute of Limits.My medical evidence went back 6 years and did not affect the SOL I had but it could -it all depends on the specific case.

Tbird just posted here the whole 9 yards of FTCA. I studied FTCA laws and regs as much as I studied cardiology to succeed in my FTCA claim.

Having an IMO can determine whether malpractice did occur and then if the IMO supports malpractice it would be easy to get a lawyer if needed.

[sweeper68]

As I have said before on the subject of AO and it's effects on our health. The VA, and the medical associations worldwide have known for some time what dioxin does to the human body. Yet they keep conducting studies as if it's some unfolding mysery!! No! there was big money spent on even more studies that duplicated what they already knew!! To counteract this charade Vietnam vets should send in a Physicians Desktop Guide with a claim and state they want to make a claim for everything listed in it! Hey! that should cover us for awhile! lol Sweeper68

[sweeper68]

As I have said before on the subject of AO and it's effects on our health. The VA, and the medical associations worldwide have known for some time what dioxin does to the human body. Yet they keep conducting studies as if it's some unfolding mysery!! No! there was big money spent on even more studies that duplicated what they already knew!! To counteract this charade Vietnam vets should send in a Physicians Desktop Guide with a claim and state they want to make a claim for everything listed in it! Hey! that should cover us for awhile! lol Sweeper68

My apologies to all for my rants.. the last few posts I've made are entirely off topic and add nothing to the subject and this should not be the place for VA bashing,.sometimes my anger and PTSD get the best of me! Sweeper68

[Pete53]

Sweeper

I have read the entire thread and I understand that the VA is trying to withhold info that actually may help other Vets with claims that had the same lack of treatment that you did.

Don't forget that part of winning a 1151 claim the VA should service connect you also. Looks to me like you are due retro back to the original award don't leave it on the table.

[sweeper68]

Sweeper

I have read the entire thread and I understand that the VA is trying to withhold info that actually may help other Vets with claims that had the same lack of treatment that you did.

Don't forget that part of winning a 1151 claim the VA should service connect you also. Looks to me like you are due retro back to the original award don't leave it on the table.

Pete, I have no intentions of leaving it on the table, according to all I can research and glean from other vets experiences the VA pays 1151 claims as if it were SC at (in my case 100%) I am already 100% SC Ptsd from Dec.95 with a retro in the amount of 67.000.00 in 2003. I get the housebound rate from 2003 also.. Now. As I understand Sec.1151 the 100% PTSD comp. is offset by the 1151 award? Am I correct? In other words no increase in my monthly comp, thus the 1151 is basically worthless to me, and VA comes out unscathed. I came out with severe heart damage! The VA awarded my 1151 back in May 05 after my inquiring and pushing for 5 yrs., my then POA. AMERICAN LEGION, whose offices are located in the same bldg. ( did nothing, nada, zilch )!!! they probably sleep in the same beds too.. But I won't render my opinion of them here.. But If any American Legion vso,s are monitiring this post, you will be hearing from me.. trust me!! the worldwide web has big ears.. On the FTCA issue, it awaits the OGCs decision, which could be years down the road or I could file suit now and the court would make a motion to stay, because I have not exausted all of my administrative remedies!! Turn me over I'm done and pissed again!