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Jcastle

Misdiagnosis In Usmc, No Evidence Of Disability?! I'ts Genetic! Diagnosis Is Undeniable

Question

In '93 I was a Marine at Camp Pendleton. I recieved a letter from my paternal uncle. He also was a former marine being treated by the VA. The letter stated that he had been diagnosed with a genetic disorder which causes cancer of the endocrine system. If one had the disease, cancer was guaranteed. The chances of having the gene on my fathers side of the family is 50%. The letter stated that all members of my family needed to go to the Dr. to be screened for the disease. I took the leter to the clinic and discussed it with the Dr. He took blood and asked me to return in a week. I did, and the Dr. told me that I was not a carrier of the disease. I was involved in a training explosion in which I recieved numerous injuries, resulting in a medical discharge which I am now 40% disabled.

After discharge, in '94 I eventually became a fireman. In 1999, I began having serious joint issues. I went to at least 5 different specialists. Nonee of which could find the cause. The pain became severe, eventually preventing me from doing the thing that I loved most, fighting fire. I finally went to the VA, they ran all kinds of expensive tests that the other Dr's were not financially willing to run. Of course, I had the rare genetic disease that causes cancer, and had thyroid cancer to boot. I was shocked to say the least! I requested my military med rec's. They showed that the Dr. only sent my blood to the lab asking for routine blood results, and a thyroid level test! There were at least 5 different tests that needed to be done to rule out the disease. One of which was a test for thyroid cancer. The cancer coupled with the major permanent and untreatable joint damage has left me permanently cripled, and the thyroid cancer destroyed my parathyroid glands. The parathyroid glands and thyroid were all totally removed. Living without a thyroid is inconvient, Living without parathyroid glands is cripling and can be fatal. I have to take huge amounts of oral medication every 12 hours, or I die within 12 hours of missing the meds. Needless to say, I had to give up firefighting, and am unable to work. I applied to the VA for a service connected rating, my doctors stated that by the size, growth rate and damage taht had taken place, I absolutely had cancer in '93, If they would have just looked for it, it would have been easy to find, and I would not have lost my parathyroid glands, or suffered joint damage.

The VA denied the claim stating their stance on genetic predispositions, and that without symptoms, or evedence of illness, the genetic disorder itself is not enough to base a claim on. I responded and stated that the reason that the evedence was missing was because of a misdiagnosis by the USMC (ok, Navy) Dr.and I included the letters from my VA doctors stating that the cancer was present in 93. The VAcontinued to deny the claim. I have 5 kids at home and am living barely able to get by.

I need to know what I should do. I am sure that if a smart lawyer were able to argue in front of a medically inteligent panel, I would win.

Any advice is welcome. I am hospitalized for weeks at a time every 3 months or so and in between times I am stuck in my easy chair on enough morphene to kill a small country. I wish I could sue for malpractice, or have my discharge changed into a retirement. At the least, 100% unemployable! As it sits, I am raising a family of 7 with SSD and 40%.

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In '93 I was a Marine at Camp Pendleton. I recieved a letter from my paternal uncle. He also was a former marine being treated by the VA. The letter stated that he had been diagnosed with a genetic disorder which causes cancer of the endocrine system. If one had the disease, cancer was guaranteed. The chances of having the gene on my fathers side of the family is 50%. The letter stated that all members of my family needed to go to the Dr. to be screened for the disease. I took the leter to the clinic and discussed it with the Dr. He took blood and asked me to return in a week. I did, and the Dr. told me that I was not a carrier of the disease. I was involved in a training explosion in which I recieved numerous injuries, resulting in a medical discharge which I am now 40% disabled.

After discharge, in '94 I eventually became a fireman. In 1999, I began having serious joint issues. I went to at least 5 different specialists. Nonee of which could find the cause. The pain became severe, eventually preventing me from doing the thing that I loved most, fighting fire. I finally went to the VA, they ran all kinds of expensive tests that the other Dr's were not financially willing to run. Of course, I had the rare genetic disease that causes cancer, and had thyroid cancer to boot. I was shocked to say the least! I requested my military med rec's. They showed that the Dr. only sent my blood to the lab asking for routine blood results, and a thyroid level test! There were at least 5 different tests that needed to be done to rule out the disease. One of which was a test for thyroid cancer. The cancer coupled with the major permanent and untreatable joint damage has left me permanently cripled, and the thyroid cancer destroyed my parathyroid glands. The parathyroid glands and thyroid were all totally removed. Living without a thyroid is inconvient, Living without parathyroid glands is cripling and can be fatal. I have to take huge amounts of oral medication every 12 hours, or I die within 12 hours of missing the meds. Needless to say, I had to give up firefighting, and am unable to work. I applied to the VA for a service connected rating, my doctors stated that by the size, growth rate and damage taht had taken place, I absolutely had cancer in '93, If they would have just looked for it, it would have been easy to find, and I would not have lost my parathyroid glands, or suffered joint damage.

The VA denied the claim stating their stance on genetic predispositions, and that without symptoms, or evedence of illness, the genetic disorder itself is not enough to base a claim on. I responded and stated that the reason that the evedence was missing was because of a misdiagnosis by the USMC (ok, Navy) Dr.and I included the letters from my VA doctors stating that the cancer was present in 93. The VA continued to deny the claim. I have 5 kids at home and am living barely able to get by.

I need to know what I should do. I am sure that if a smart lawyer were able to argue in front of a medically inteligent panel, I would win.

Any advice is welcome. I am hospitalized for weeks at a time every 3 months or so and in between times I am stuck in my easy chair on enough morphene to kill a small country. I wish I could sue for malpractice, or have my discharge changed into a retirement. At the least, 100% unemployable! As it sits, I am raising a family of 7 with SSD and 40%.

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You said a mouthful, and folks are gonna want to think about their answers. My gut says get and attorney, right now, right away. What is the status of your VA claim? On appeal at the BVA? Welcome to ur Had-it Family. I am glad you found us. Semper Fi. ~Wings

Edited by Wings

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Man, I hope one of the Sages can help you - I am not skilled enough at VA law.

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The Genetic condition you had and were tested for in service.

In order for a disability to be service connected one must have the following.

A condition in service or during the presumptive period provided the conditionhas a presump.

A Current diagnosis of said condition.

A nexus linking disease to service.

You did not have the disease in service is what the Va is saying.

I understand but without an active disease in service, I dont think it will be possible.

This may require a bit of research of the M21 and the Directives to decipher this one. Try to find some BVA decisions using your disease criteria to see if there were any successes.

Hang in there.

J

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This sounds like a difficult, but not impossible USC, 1151 Claim. Also TORT. ~Wings

1151 claims are for injuries that will be rated ‘as if’ service-connected in cases where a veteran suffers injury, aggravation of an injury, or death as a result of VA medical treatment. The injury may have occurred during surgery, inpatient or outpatient care. If this resulted in an additional disability, the veteran can be compensated to the extent of that disability. If the VA hospital admits its error, compensation will be under the same VA rating schedule of disabilities that applies to all other service-connected conditions. If the hospital refuses to admit that it made a mistake, then you will need expert medical evidence to prove that such VA Medical Center (VAMC) treatment fell below the standard of care. Alternatively, a veteran can file a claim with the Dept. Of Veteran’s Affairs (DVA) for medical negligence or other types of personal injury under the Federal Tort Claims Act (FTCA), provided the veteran timely files Standard Form 95 (obtainable from any federal courthouse) within two years from the date the veteran knew, or should have known, of the injury.

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If this condition is aggravating the conditions you get SC for now-(quite possible) then I feel they could consider rating the extent of additional disability to your SC disabilities as secondary due to the affect of the cancer (or the meds or treatment you take for the cancer).

I dont see FTCA or 1151 malpractice here, We cannot sue the Military (FERES Doctrine)

But if the VA itself missed this cancer when you first became VA patient-then you could SUE the pants off the VA.

What is the exact medical term for this cancerous condition?

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