diabetes Sf-95 Berta, Where To Submit Form?

[Cruinthe]

I Berta and all. Here is my situation in a nutshell. Back in August of 2009 I was (inadvertently) informed that I am pre-diabetic. I requested and reviewed my medical records and sure enough, my A1C is 6.3, my glucose is 157, my triglycerides were 100 point over normal, and my Body Mass Index was flagged me as needing to be on the VA MOVE (diet and weight control) program.

It is now December, and my Primary Care Physician has not informed me in any way that anything is wrong. No warning letter, no consult with the Endo specialist, and I have seen my doctor since that time on multiple occasions.

I have also been complaining, often, of what I now know as Peripheral Neuropathy (tingling in arms and legs) for about 2 years now.

The last straw was my last visit to the VA eye doctor. I have a one year old prescription for eye glasses of 3+ and 4+, but this last eye exam changed my prescription to 4+ and 5+. A full diopter up for each eye! Whats next, diabetic blindness and amputation before someone at the VA says "Oh, by the way, you have diabetes"?

My question is, once I have my SF-95 put together, where do I send it? I listened to the SVR radio show where Edwin Crosby, Berta, and the Host talked about this, but I cant figure out where the SF-95 actually goes to.

I am asking for less that $100,000 so does it go to the VA Regional Office, ATTN: Legal Council?

Any advice would be great, and Merry Christmas to all!

[Cruinthe]

Thanks for the calculator link Pete.

I just found something interesting. My numbers may match up with Type-1 diabetes. And in adults, Type-1 diabetes could be the result of an autoimmune disorder.

Guess what? Chronic Fatigue Syndrome is an autoimmune disorder. I am service-connected for Chronic Fatigue Syndrome @ 60%.

I think I just found out WHY the VA does not want to admit I have a diabetes related problem.

My diabetes, be it emergent I or II, will almost certainly result in a secondary condition claim.

So its the VA risking my health to save itself a few bucks on insulin?

6.3 A1C is not going to get you a diagnosis of being a diabetic and is an average of 146 glucose. I used a calculator https://www.accu-chek.com/us/glucose-monito...alculator.html#

I think that with slight modification of diet and moderate exervse this problem can be helped.

No matter what happens with VA take care of your health.

Good Luck

[Cruinthe]

Ok, I have started on my SF-95. I will be asking for between $60,000 and $90,000 plus fee-for-service medical care from private hospitals, paid for by the VA.

I cant get a solid answer on who to send these to, so I am sending a copy to all 3 VA offices. VARO, Area office, and VA DC office. I will keep everyone informed of my progress.

Thanks all and Merry Xmas!

I Berta and all. Here is my situation in a nutshell. Back in August of 2009 I was (inadvertently) informed that I am pre-diabetic. I requested and reviewed my medical records and sure enough, my A1C is 6.3, my glucose is 157, my triglycerides were 100 point over normal, and my Body Mass Index was flagged me as needing to be on the VA MOVE (diet and weight control) program.

It is now December, and my Primary Care Physician has not informed me in any way that anything is wrong. No warning letter, no consult with the Endo specialist, and I have seen my doctor since that time on multiple occasions.

I have also been complaining, often, of what I now know as Peripheral Neuropathy (tingling in arms and legs) for about 2 years now.

The last straw was my last visit to the VA eye doctor. I have a one year old prescription for eye glasses of 3+ and 4+, but this last eye exam changed my prescription to 4+ and 5+. A full diopter up for each eye! Whats next, diabetic blindness and amputation before someone at the VA says "Oh, by the way, you have diabetes"?

My question is, once I have my SF-95 put together, where do I send it? I listened to the SVR radio show where Edwin Crosby, Berta, and the Host talked about this, but I cant figure out where the SF-95 actually goes to.

I am asking for less that $100,000 so does it go to the VA Regional Office, ATTN: Legal Council?

Any advice would be great, and Merry Christmas to all!

[Berta]

I need to add to this:

"Basically, you file a form (SF-95) directly with the Agency in question (in this case the VA) with all evidence included, and state the amount of monetary damages you have suffered. If you put forth a good case, and they know they are as guilty as sin, they settle with you out of court."

Technically that is true- I sent the SF 95 to the VARO Regional counsel as well as to the OGC in DC.

They were 'guilty' as sin and settled with me out of court.

But what is missing here is the fact that I had to fight them for over 3 years.

I had no lawyer or IMO doctor. I studied cardiology and neurology-and I also studied FTCA laws and regs.

I went toe to toe with the docs and the VA attorneys.The only thing I had was overwhelming evidence of malpractice.And I only realized I had that after studying all I could find on Cardiology.

I do not recommend anyone doing this without an attorney (best to get one BEFORE filing the SF 95)or without an independent medical opinion unless you have the time to study medicine and also to get a good handle on the FTCA regs and be able to deal with the VA lawyers directly.

I cannot determine here whether your glucose could be fairly high do to meds you take for something else or why they have not recommended a diet yet to get the Triglys down.The VA will certainly produce some argument as to whether this was negligence or not.Do they have you pon a statin drug or anything that is supposed to be lowering your cholestrol? Has the VA in past 6 months or more given you any type of cortizone or steroid class of a medication that also could raise your glucose? Did you have any type of infection during the 3 mo0nth period that the HBIAC test revealed glucose at high but not abnormally high readings? HAs the VA formally diagnosed you as having peripheral neuropathy or PAD or are these symptoms attributable to something unrelated to diabetes?

Your situation is in some ways similiar to my FTCA case but not enough to help you.

I cant really talk about my FTCA matter as it has recently been re-opened at the OGC due to my recent AO DMII death award. They still owe me money on the settlement.

I have mentioned here before and maybe at SVR too I am sure-that the lawyers employed by the VA are absolutely superb attorneys and they will diligently do all they can to squeeze out of FTCA cases.I have the highest regard for them because they are all so smart.

To get my FTCA re-opened took many letters from me in October, November,to OGC with replies that sounded good but were unacceptable to me and then after making a few phone calls to the lawyers in DC-I point blank told them I would not allow them to blow me off anymore as I had a legitimate position based on VA FTCA case law itself.

2 weeks ago the same VA lawyer who handled my settlement called me up and told me they were working on my case and the staff attorney agreed I had presented them a situation that needs monetary resolve.My FTCA is technically still open after all these years.

This happened only because I know FTCA case law as it applies to my claim and sent them the regulations that warrant a monetary additional FTCA award.And I did not accept their initial letters that suggested this was a regional office matter and not in their purvue.

I challenged their position on that and they were wrong.

This is what anyone is up against if they deal with the OGC or regional lawyers without an attorney.

Unless you know VA case law enough to rattle it off and hold your ground on evidence that raises to the level of malpractice-the VA attorney's will try to walk all over you.

That is their job and I respect them for them.

There are many malpractice lawyers on the net who might be able to assess your chances via email.

There are also many endocrinologists who I am sure would prepare an IMO for you for a fee.

It does seem that the VA is not appropriately treating you for what could become full blown diabetes.

But I cannot determine at all if this is negligence on their part and only your complete medical profile of records and meds could reveal that.

Make sure you have copies of ALL medical records before you send the SF 95.

A lawyer will probably want to ask for much more than 100,000 if they see basis for malpractice.I asked for 58 million on my SF 95.

Edited December 25, 2009 by Berta

[Cruinthe]

Thank you for the reply, Berta. The only meds the VA gives me is Ambien but I only take it maybe once a month. I MAY have a sinus infection, but I am going to a ENT doctor on Monday to find out for sure.

I must state now that I have been screaming bloody murder over at LEAST the last year about TINGLING SENSATIONS IN MY LEGS, and I have multiple pages of progress notes from here in Virginia saying TINGLING SENSATIONS IN MY LEGS and I have only been here 6 months.

I get wicked pains in my kidneys, and my vision is really terrible now. I spoke to Dr Bash and he has offered to provide an IMO for a fee. I am going to request my records from Montana on monday as well. If they also show neuropathy tingling as well, how could that NOT be negligence?

Do I have to run through the VAMC naked with my hair on fire holding a big sign saying PERIPHERAL NEUROPATHY? If this was a private hospital people would be getting fired left and right due to this level of apathy and incompetence.

Also, my abnormal lab notes are not just one report, its multiple reports over a few months. I think I will talk to a lawyer before I file this. Its getting too confusing and frustrating at this point.

Thanks all, and Merry XMas!!

I need to add to this:

"Basically, you file a form (SF-95) directly with the Agency in question (in this case the VA) with all evidence included, and state the amount of monetary damages you have suffered. If you put forth a good case, and they know they are as guilty as sin, they settle with you out of court."

Technically that is true- I sent the SF 95 to the VARO Regional counsel as well as to the OGC in DC.

They were 'guilty' as sin and settled with me out of court.

But what is missing here is the fact that I had to fight them for over 3 years.

I had no lawyer or IMO doctor. I studied cardiology and neurology-and I also studied FTCA laws and regs.

I went toe to toe with the docs and the VA attorneys.The only thing I had was overwhelming evidence of malpractice.And I only realized I had that after studying all I could find on Cardiology.

I do not recommend anyone doing this without an attorney (best to get one BEFORE filing the SF 95)or without an independent medical opinion unless you have the time to study medicine and also to get a good handle on the FTCA regs and be able to deal with the VA lawyers directly.

I cannot determine here whether your glucose could be fairly high do to meds you take for something else or why they have not recommended a diet yet to get the Triglys down.The VA will certainly produce some argument as to whether this was negligence or not.Do they have you pon a statin drug or anything that is supposed to be lowering your cholestrol? Has the VA in past 6 months or more given you any type of cortizone or steroid class of a medication that also could raise your glucose? Did you have any type of infection during the 3 mo0nth period that the HBIAC test revealed glucose at high but not abnormally high readings? HAs the VA formally diagnosed you as having peripheral neuropathy or PAD or are these symptoms attributable to something unrelated to diabetes?

Your situation is in some ways similiar to my FTCA case but not enough to help you.

I cant really talk about my FTCA matter as it has recently been re-opened at the OGC due to my recent AO DMII death award. They still owe me money on the settlement.

I have mentioned here before and maybe at SVR too I am sure-that the lawyers employed by the VA are absolutely superb attorneys and they will diligently do all they can to squeeze out of FTCA cases.I have the highest regard for them because they are all so smart.

To get my FTCA re-opened took many letters from me in October, November,to OGC with replies that sounded good but were unacceptable to me and then after making a few phone calls to the lawyers in DC-I point blank told them I would not allow them to blow me off anymore as I had a legitimate position based on VA FTCA case law itself.

2 weeks ago the same VA lawyer who handled my settlement called me up and told me they were working on my case and the staff attorney agreed I had presented them a situation that needs monetary resolve.My FTCA is technically still open after all these years.

This happened only because I know FTCA case law as it applies to my claim and sent them the regulations that warrant a monetary additional FTCA award.And I did not accept their initial letters that suggested this was a regional office matter and not in their purvue.

I challenged their position on that and they were wrong.

This is what anyone is up against if they deal with the OGC or regional lawyers without an attorney.

Unless you know VA case law enough to rattle it off and hold your ground on evidence that raises to the level of malpractice-the VA attorney's will try to walk all over you.

That is their job and I respect them for them.

There are many malpractice lawyers on the net who might be able to assess your chances via email.

There are also many endocrinologists who I am sure would prepare an IMO for you for a fee.

It does seem that the VA is not appropriately treating you for what could become full blown diabetes.

But I cannot determine at all if this is negligence on their part and only your complete medical profile of records and meds could reveal that.

Make sure you have copies of ALL medical records before you send the SF 95.

A lawyer will probably want to ask for much more than 100,000 if they see basis for malpractice.I asked for 58 million on my SF 95.

[Berta]

I think that getting an IMO is the BEST thing you can do as I am sure there is more to your situation that appears here.

Dr. Bash gave me 2 excellent IMOs for my AO death claim (well not GAVE -it was costly)

Even though I won FTCA without a real doctor's opinion a decade ago-when I re-opened on 2003 I knew they would fight me over the basis of the new claim.It was well worth the cost of his IMOs.

I sent him all of the medical records, all past SOCs and SSOC, and all the FTCA stuff.

I listed all this evidence in a cover letter to him and then tabbed the records as to where the VA could have diagnosed my husband's diabetes but failed to and how it lent to the CAD that caused his death.

If you have kidney problems directly due to the DMII that is serious business as well as any other complication of diabetes.

Dr. BAsh will definitely be checking your BUN, Creatine levels as well as the entire medical record you have established with the VA.

I mentioned infections because infections can cause a temporary raise in glucose.

Then again infections also can be caused and/or compounded by diabetes when the immune system weakens.

My husband had an odd oral candidia infection when hospitalized. I had looked up every single medical term in his med recs and found this seemingly innocent and non contagious condition was even in the VA;s diabetes training letter as symptomatic of high glucose in the saliva that causes candidia iinfections to happen.

Then I went back top his VA dental records and in 1988 they also showed a "white plaque " in his mouth- the hallmark of candidia--it was more evidence that for a 6 year period he exhibited documented symptoms of high glucose and the VA failed at every instance to diagnose and treat him properly.

Diabetes manifests itself in countless ways.It doesnt kill anyone-Its untreated complications however can be fatal.

[Cruinthe]

Thanks again for the info, Berta. I will be going to get my VA medical records on monday, talking to Dr Bash for my IMO, and trying to find a lawyer to help me with this SF-95. If anyone knows a competent VA malpractice lawyer, let me know.

I think that getting an IMO is the BEST thing you can do as I am sure there is more to your situation that appears here.

Dr. Bash gave me 2 excellent IMOs for my AO death claim (well not GAVE -it was costly)

Even though I won FTCA without a real doctor's opinion a decade ago-when I re-opened on 2003 I knew they would fight me over the basis of the new claim.It was well worth the cost of his IMOs.

I sent him all of the medical records, all past SOCs and SSOC, and all the FTCA stuff.

I listed all this evidence in a cover letter to him and then tabbed the records as to where the VA could have diagnosed my husband's diabetes but failed to and how it lent to the CAD that caused his death.

If you have kidney problems directly due to the DMII that is serious business as well as any other complication of diabetes.

Dr. BAsh will definitely be checking your BUN, Creatine levels as well as the entire medical record you have established with the VA.

I mentioned infections because infections can cause a temporary raise in glucose.

Then again infections also can be caused and/or compounded by diabetes when the immune system weakens.

My husband had an odd oral candidia infection when hospitalized. I had looked up every single medical term in his med recs and found this seemingly innocent and non contagious condition was even in the VA;s diabetes training letter as symptomatic of high glucose in the saliva that causes candidia iinfections to happen.

Then I went back top his VA dental records and in 1988 they also showed a "white plaque " in his mouth- the hallmark of candidia--it was more evidence that for a 6 year period he exhibited documented symptoms of high glucose and the VA failed at every instance to diagnose and treat him properly.

Diabetes manifests itself in countless ways.It doesnt kill anyone-Its untreated complications however can be fatal.