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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

Ms. Berta or administrators,

I tried emailing you Ms. Berta but I couldn't. New things have come about concerning my case and Ms. Berta,,, I see you have a lot of experience. Is there anyway I can email you?

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Tayo,

Berta does not do email or private messages.

If you post it to the board she will probably answer your posts.

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Yes- I will look for your post here and try to find your last posts.

Do you have an attorney for the FTCA claim?

Do you have a very strong independent medical opinion to support the FTCA claim?

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Yes,,, extremely strong IMO,,, multiple. Attorney's,,, do I ever.

Basically, for the past five years,,, the VA 1) requested test to be ordered and never ordered them, 2) ordered specific test,,, those test came back abnormal (either HIGH or LOW) and and was reported as normal, 3) neglected to provide and work-up differential diagnosis 5) diagnosed incorrectly without standard work-up 6) prescribed medication in which I have documented allergy 7) over-dosed me with HTN medication 8) gave meds counter-indicative to an already diagnosed condition and written note "do not give such and such medication, 9) neglected to diagnose ailment when test and symptoms associated with test proved what it was (4 times): was reported as "...normal," 10) confirmed private hospital diagnosis then retracted said diagnosis and stopped my meds for it 10) gave prescribed meds without a diagnosis... ... URGHHH, need I continue? sad.gif Put it this way,,, the doctors at the last VAMC stated that a blood pressure of 98/56 was HYPERTENSIVE and an ordered test confirmed to have "not happened." Simply,,, everything was messy and it caused me my career as a physician. sad.gif

Now, I have a condition that has stopped me from practicing medicine,,, need help with my ADL's,,, just a lot. All could have been avoided. Stupid, stupid, stupid mistakes. I mean,,, REAL STUPID. So stupid that my current VAMC physicians are angered.

I was taught about malpractice but,,, not like this. My VAMC doctors at my current location tells me to stay strong and is supporting me all the way. They actually wrote the date when I could have found out AND the mistakes made. I mean,,, a lot.

Damages,,, put it this way,,, I am a graduate of medical school,,, who is not expected to fully recover.

So,,, I'm scarred. Scarred of what is going to happen to me. Scarred of what is going to happen to those the doctors that did what they did (of course there is much, much more).

Part of me wants to talk about this and bring attention to it,,, part of me wants to sit and be quite. But what about the other veterans? How are they being treated. Are their labs being misread multiple times for a diagnostic condition? Are they given medication in which they have a documented allergy to or documented statement of "do not give this patient this medication? Are they being work-up appropriately?

I'm sitting here with dementia. Not a progressive type but one that has somewhat reversed and now got me to a new base-line,,, far from where I was. Far from a point where I can practice medicine,,, or even shovel snow. sad.gif I feel as if I am stuck in a body that has a brain that will misfire. I mean,,, I can lift weights but,,, get stuck on what to do with them,,, I can cook a meal but,,, forget the stove is on once the food has been cooked,,, I can bathe but,,, may walk out the shower with soap on my body,,, I can pay bills but may leave my wallet out for the taking or the computer logged in for all to view (thankfully, I have trusting friends),,, I can take my dog to pee, but can't go much further than the back because I forget to look both ways when I am in the street (sad.gif).

I feel like I am a strong man,,, I look strong,,, but,,, my insides have been so messed up do to a preventable cause. URGHHHH. It's a mess. A big mess.

So,,, what happens from here? Say I get the settlement,,, what happens to the other veterans. Am I going to be hushed? What about the other veterans?

I know,,, I am rambling. Just,,, I'm scarred,,, nervous,,, everything. Talking about PTSD,,, funny,,, I have PTSD from the VAMC,,, literally --> I found myself in the hospital 3 times,,, the third,,, I was in CICU at a private hospital. That's when I found out what was wrong <---

Once more,,, I don't know what to do,,, I'm stuck on why's,,, I'm scarred for other veterans,,, EVERYTHING.

Tayo

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Tayo,

For your FTC,

What was the exact malpractice and what is the exact residual disability due solely to the malpractice ?

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And when were you aware of the malpractice?

Did you or your lawyers file the SF 95 in time to get into the Statute of Limits?

Has the VA done a Peer Review yet of your clinical records and charges in the SF 95?

"So,,, I'm scarred. Scarred of what is going to happen to me." The VA will fight you on paper over an FTCA claim but they cannot retaliate against in regarding any future medical care.

"Scarred of what is going to happen to those the doctors that did what they did (of course there is much, much more)."

Piss on them -If you get a settlement they will be reported to the NPDB and it goes against their record.

It wont matter much unless they seek employment outside of the VA.

The VA isnt even reporting all their malpractice doctors.In violation of the NPDB mandate- so probably NOTHING will happen to them.They might move them to a different VAMC however.

You said you have multiple attorneys and a strong IMO.

I wish I had an IMO and a lawyer when I FTCAed them. I won anyhow. Like you, I had a medical background-which I got in 4 months as I studied everything I could to make sure my charges of wrongful death were sound and supported by the VA itself in the clinical records.

The situations you mentioned as to no work ups ,improper meds, lack of tests etc were exactly what I used to win my claim,and the additional disability they caused was my husband's death.

But as Carlie asked -can you be more specific here as to what exact malpractice occurred and what resulting disability they gave you?

Your lawyers should be going over your medical records with a fine tooth comb.That is what they will be paid for from the settlement.

I gave exact medical dates, copies of med recs, with entries etc.starting from an ER misdiagnosis in 1988 up to the date of my husbands death 6 years later.

My husband's FTCA disabilities were found to be improperly treated HBP, numerous TIAs, major CVA, and 6 years of heart disease.

I am sure the VA was frustrated when I re opened my claim for misdiagnosed AO DMII in 2003.

The award now trumps FTCA and all of the above been SCed except for HBP.

I had to take them step by step in each claim, citing the Exhibit to prove each point I made and then adding the Exhibit list as cover page to the exhibits (primarily copies of the medical records that I had highlighted where the malpractice was obvious)

Your lawyers should be doing all that and should have determined by now what additional disability you have incurred due to the VA's negligence.

. "My VAMC doctors at my current location tells me to stay strong and is supporting me all the way. They actually wrote the date when I could have found out AND the mistakes made. I mean,,, a lot."

Was this for a VA OGC ordered Peer Review?

My Peer Review was done 4 months after I filed the SF 95.Regional counsel called me up to settle right away.

Then the VA 'lost' the Peer review.

The RC and the Peer doctor retired.

VA said the Review never happened.I won anyhow.

In 2003 - 8 years later I found the Review in my C file and used it for my present claim.

The VA would have never pulled that crap on me if I had a lawyer.I assure you they will try deceive you in any way they can under FTCA.... if they see the $$$$$ stakes are high.But you have lawyers so they wont try to pull that king of crap with you.

We need more info as Carlie said.

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