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!

[Berta]

Robb Graham here is one of the best but ALWAYS busy- his site however has good info as to how these FTCA cases go-

http://www.vamalpractice.com/ perhaps he could recommend a lawyer in your locale of he cant help you-

If you put Veterans Administration Malpractice Lawyers into your browser many will pop up.

We often get a pop up ad here too for malpractice lawyers.

Malpractice always has a paper trail in the medical records.

I read my husband's medical records probably a hundred times- I am not kidding.

On the surface they appeared to be one thing, but after decifering all the symbols,tests results, etc and medical terms they turned into a prime facie case of negligence so bad that the VACO said the case was indefensible.(I couldnt get that documented omission until after I settled with them)

They also revealed how one VAMC covered up malpractice at another VAMC.

So if you were treated by more then one VAMC make sure you get every medical record they have on you.

[Cruinthe]

I will into that guy and those in my area. In your opinion, if I have months or perhaps a year of peripheral neuropathy reports, plus months of abnormal A1C glucose and other lab works, and an admission from a VA nurse that I have a potential diabetes problem, is this enough to prove negligence?

I have research my consistent A1C of 6.3 and have found people getting a dx for warfarin (?) for insulin control. Plus, as I said, I have kidney pain and vision problems plus other weird stuff like tinittus. It looks like negligence to me but I guess we will see after some lab work done by a real doctor.

Robb Graham here is one of the best but ALWAYS busy- his site however has good info as to how these FTCA cases go-

http://www.vamalpractice.com/ perhaps he could recommend a lawyer in your locale of he cant help you-

If you put Veterans Administration Malpractice Lawyers into your browser many will pop up.

We often get a pop up ad here too for malpractice lawyers.

Malpractice always has a paper trail in the medical records.

I read my husband's medical records probably a hundred times- I am not kidding.

On the surface they appeared to be one thing, but after decifering all the symbols,tests results, etc and medical terms they turned into a prime facie case of negligence so bad that the VACO said the case was indefensible.(I couldnt get that documented omission until after I settled with them)

They also revealed how one VAMC covered up malpractice at another VAMC.

So if you were treated by more then one VAMC make sure you get every medical record they have on you.

[Berta]

Negligence and/or malpractice must be found to have caused additional disability.

If the undiagnosed diabetes in your case directly caused PN (is that a formal diagnosis yet), or visual problems or kidney problems etc-that are documented as diagnosed and their disabling affect raises to a ratable level- that is malpractice/negligence.

It isnt so much what they did or didnt do-it is what they caused by doing or not doing it.

Johniir here presents a case of what I feel is definitely malpractice.

There is such a strong association in the standard medical community between CAD and diabetes,that I dont see how the VA could

get out of his claim.

However as I said before- VA fights back as hard as they can on FTCA claims and Section 1151 claims.

FTCA requires a good lawyer and a strong medical opinion that covers all bases and even overcomes any potential landmines.

Not many here know better than I do what tactics the VA will use on these types of claims.

And it is the results that the malpractice or negligence causes - additional proven disability-that must be diagnosed and ratable to be actual malpractice or negligence.

I dont have enough info here to opine on your situation- as I dont see any additional fully diagnosed conditions yet-that could be directly attributed to the lack of proper diabetes treatment.

You could certainly have those conditions but like you said best to get a real doctor's opinion.

[Cruinthe]

One more thing. My testosterone is low, critically low, in the 300 range. I found this is also secondary to diabetes. Thus, we have erectile dysfunction. I have been getting testosterone injections from the VA for a year now. Yet more evidence the VA doctors didnt bother to add up. The more I think about this the more I get pissed off.

Negligence and/or malpractice must be found to have caused additional disability.

If the undiagnosed diabetes in your case directly caused PN (is that a formal diagnosis yet), or visual problems or kidney problems etc-that are documented as diagnosed and their disabling affect raises to a ratable level- that is malpractice/negligence.

It isnt so much what they did or didnt do-it is what they caused by doing or not doing it.

Johniir here presents a case of what I feel is definitely malpractice.

There is such a strong association in the standard medical community between CAD and diabetes,that I dont see how the VA could

get out of his claim.

However as I said before- VA fights back as hard as they can on FTCA claims and Section 1151 claims.

FTCA requires a good lawyer and a strong medical opinion that covers all bases and even overcomes any potential landmines.

Not many here know better than I do what tactics the VA will use on these types of claims.

And it is the results that the malpractice or negligence causes - additional proven disability-that must be diagnosed and ratable to be actual malpractice or negligence.

I dont have enough info here to opine on your situation- as I dont see any additional fully diagnosed conditions yet-that could be directly attributed to the lack of proper diabetes treatment.

You could certainly have those conditions but like you said best to get a real doctor's opinion.