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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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hawkfire27

Help I'm Confused.

Question

I have been getting conflicting information about FTCA claims, in one it states the SOL is two years, and then there is another SOL of 6 months from the incident. I don't understand how this works.

We are thinking about filing an FTCA claims because of a C&P doctor that lied on the c&p my husband got in Jasnuary 2010. We then applied for an amendment to the c&p which we just got back, and for a second time the doctor has stated that my husband has no heart disease and is taking no heart medication. My husband is currently 100% sc'ed with PTSD.

When he found out the doctor had not completed the c&p correctly he flipped out, after he calmed down several days later we went to the VAMC and sought advice on getting this corrected. We called his VA psych who is also the chief of staff at the VAMC about this situation because I thought it would be a good idea. After leaving several message we got in the car and drove down there. In the director suite asking for the psych doc/COS we were directed to speak with her aid after the receptionist claimed she wasn't available, the aid agreed that the doctors findings were a little off, and rang around to find who could help us. (important to note that the person we were trying to see was in the hallway as we were leaving, took one look at me (his wife) and hightailed it to their office).We were then directed to the privacy officer, who acted as though we were just a nuisance. She gave us a form to fill out (which we returned with the requested amendments, 5 pages of requested amendments were sent back to her). We requested to get information about the doctors licensing so we could file about the fact she finds it difficult to diagnose heart conditions and wanted to lay a complaint. The privacy officer directed us to the patient advocates office, who said they couldn't help us. By now my husbands PTSD was in full swing and he was struggling to maintain his coll (i think the did really well considering). The patient advocate called security and the MP's . And they followed us from the premises, as my husband left the building voluntarily.

Now we have the amended c&p and they state :'after a through review of the veterans medical record we find the original C&P information to be correct" So now she has lied twice because my husband has over 700 pages of VA medical records to the contrary. My husband is still going to the VAMC for medical care, but under extreme agitation and because I make him go because if his severe PTSD and heart condition.

What I need to know is if anyone here (BERTA, Carlie, John999 etc) thinks we have a tort claim and if so how do we file it. Another interesting thing to note is after this situation my husbands VA doc of 12 years has been resigned and after being assured she would still be his doctor she is no longer his doctor.

Any help would be great! Thanks! :angry::huh::angry: B)

Edited by hawkfire27

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I have been getting conflicting information about FTCA claims, in one it states the SOL is two years, and then there is another SOL of 6 months from the incident. I don't understand how this works.

hawk,

The party that has been rendered with additional disability

due specifically to malpractice, has two years from the date

they learn of the additional disability, to file the FTC in federal court.

We are thinking about filing an FTCA claims because of a C&P doctor that lied on the c&p my husband got in Jasnuary 2010. We then applied for an amendment to the c&p which we just got back, and for a second time the doctor has stated that my husband has no heart disease and is taking no heart medication. My husband is currently 100% sc'ed with PTSD.

hawk,

I do not see anything that even begins to yell out FTC here.

A C&P doctor does not provide any treatment, so therein, is no way

that there can be residual disability.

jmho,

carlie

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Thanks Carlie for your input.

I wasn't sure about tort claims or really what to do. I am just interested in getting this sorted out for my husbands sake. He had been without major PTSD episode for nearly ten years and since this everything is just flaring up and going to the VA is now more of a nightmare than it used to be,it now seems to be a trigger.

There is a law about VA medical employee are not allowed to make false or misleading statements in medical records, however to break the law they have to do it knowingly and willingly. Because they were given the opportunity to correct an "inadvertent" mistake and they didn't, (even though his VA medical records from the 80's to present that they state they "thoroughly" reviewed, is to the complete contrary of there statements), I believe that makes it knowingly and willfully. My husband will not let what can be considered an injustice go, so I am trying to find a way to get this resolved. I am planning on contacting the OIG about this too and get them to do an investigation. We were unable to lay a complaint because when we attempted to the patient advocate called security, and now my husband can't go near here office without getting agitated to the point we need to leave the VAMC. A VSO advised me that we may have a tort because of the effect on my husband mental state (i.e. PTSD). I am not looking for money, just to make that clear. I am looking to help my husband's PTSD by getting the issue resolved, and to make sure this doc doesn't do this again.

This C&P is going to spell disaster for my husbands IHD claim, and I think the whole situation will make his PTSD even worse, I am trying to stop this in it tracks.

Edited by hawkfire27

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hawk,

Hopefully Berta will see this topic and chime in with info.

carlie

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bump

I have been getting conflicting information about FTCA claims, in one it states the SOL is two years, and then there is another SOL of 6 months from the incident. I don't understand how this works.

We are thinking about filing an FTCA claims because of a C&P doctor that lied on the c&p my husband got in Jasnuary 2010. We then applied for an amendment to the c&p which we just got back, and for a second time the doctor has stated that my husband has no heart disease and is taking no heart medication. My husband is currently 100% sc'ed with PTSD.

When he found out the doctor had not completed the c&p correctly he flipped out, after he calmed down several days later we went to the VAMC and sought advice on getting this corrected. We called his VA psych who is also the chief of staff at the VAMC about this situation because I thought it would be a good idea. After leaving several message we got in the car and drove down there. In the director suite asking for the psych doc/COS we were directed to speak with her aid after the receptionist claimed she wasn't available, the aid agreed that the doctors findings were a little off, and rang around to find who could help us. (important to note that the person we were trying to see was in the hallway as we were leaving, took one look at me (his wife) and hightailed it to their office).We were then directed to the privacy officer, who acted as though we were just a nuisance. She gave us a form to fill out (which we returned with the requested amendments, 5 pages of requested amendments were sent back to her). We requested to get information about the doctors licensing so we could file about the fact she finds it difficult to diagnose heart conditions and wanted to lay a complaint. The privacy officer directed us to the patient advocates office, who said they couldn't help us. By now my husbands PTSD was in full swing and he was struggling to maintain his coll (i think the did really well considering). The patient advocate called security and the MP's . And they followed us from the premises, as my husband left the building voluntarily.

Now we have the amended c&p and they state :'after a through review of the veterans medical record we find the original C&P information to be correct" So now she has lied twice because my husband has over 700 pages of VA medical records to the contrary. My husband is still going to the VAMC for medical care, but under extreme agitation and because I make him go because if his severe PTSD and heart condition.

What I need to know is if anyone here (BERTA, Carlie, John999 etc) thinks we have a tort claim and if so how do we file it. Another interesting thing to note is after this situation my husbands VA doc of 12 years has been resigned and after being assured she would still be his doctor she is no longer his doctor.

Any help would be great! Thanks! :angry::huh::angry: B)

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"This C&P is going to spell disaster for my husbands IHD claim"

Does you husband have a diagnosis and treatment records for IHD?

Yet a C & P doctor is saying he doesn't have IHD?

Is the doctor saying he has a different type of heart disease that could also be considered IHD?

Does his Med rec file support that he does have heart disease and is treated for it?

Do you have his medication profile showing meds consistent with IHD condition?

What is the VA diagnosis for it- CAD?

In 1992 after an ECHO was done on my husband- a VA cardiologist told me there was "nothing' wrong with Rod's heart.I believed the doctor and never gave a thought to obtaining Rod's medical records.

Until he died very suddenly 2 years later.

I got copies of his VA medical records and within a few weeks I knew something was drastically wrong with his heart and had been- as documented in those records during over 6 years of VA medical care.It took time to decifer the medical symbols and stuff, and I had to study a lot of cardiology texts.

I filed FTCA and 1151 and won-

I already ran that by here many times so wont give details.

In 2003 I filed a new claim-I had finally figured out an additional malpracticed etiology for his demise- AO disability.

Won that too.

In the course of the second claim I discovered that a VA medical cover up had occurred at the time of the MRI and past EKGs had been ignored-that also showed heart disease but more importantly it revealed diabetes that had not been diagnosed and treated. For a 6 year period. The medical records do not contain the words DMII or diabetes at all.But I proved this was additional documented malpractice to prove that he died due to AO DMII-as my 2010 award letter says.

If the VA fails to properly diagnose and treat any disability and their failure causes additional disability or death of the veteran they VA can be sued and/or a 1151 claim can be filed.

The statute of limits is explained in the FTCA regs- as SF 95 must be filed within 2 years after knowledge of the malpractice.

I cant recommend any IMO doc or lawyer from personal experience as I didn't have IMO doc or lawyer for these past FTCA/1151 claims, However IMO doctors can be found and with a strong IMO,showing negligence and giving full medical explanation of the disability it caused-then a malpractice lawyer will want to take the FTCA case.

FTCA cases rest on CASH!

If there is no monetary amount asked for - then there is no FTCA case.

This is why I suggest on the SF 95 to ask for Millions.Any VA settlement will be less but you have opportunity to negotiate the amount at that point.

And you can go into the Federal court if you don't like the VA's offer.

Do you have your husband's complete medical records from the VA?

Has he had an ECHO test done?

The ECHO is what made me realize my husband had heart disease.(IHD)

The VA cardiologist knew it too but they were already covering up-when the ECHO was done- Rod's long term misdiagnosed diabetes from Agent Orange.

Edited by Berta

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