Hep C From Vamc Laziness

[Bigred122]

I hope I'm doing this right. back in 1997 I had a colonoscopy done at Boise VA Medical center. Two days later I had to go to ER due to excessive bleeding. I was losing approxiamately 1 cup per hour.Surgeon wanted to leave early that day (11 am) and discounted how much I was bleeding out.He ordered an IV be installed, but failed to order any fluids for the IV. If either of these would have been done, I wouldn't have needed 4 units of blood the next day. Eight months later, I was notified by State health dept. (not VA) that I had tested positive for Hep C. I was told at that time period that I had no recourse for any compensation.Last summer, I noticed that the Vets from Florida who contracted Hep C from colonoscopies had received free medical, 100% disability and were being determined individually if more disability would be warranted. I had the unusual P&C physical last month and haven't received any red flags to date.Part of me expects floor to drop out from beneath me by past experiences with VA. Then part of me says that it is a new VA and things are different.I am glad this new generation of Vets are being treated differently than what us VN vets dealt with. Which side of me is more correct? I did a search before I got courage to write this.Thank you in advance for any and all advice!! Mike

[Berta]

You mean that you do have a formal Section 1151 claim pending?

Good- I didn't quite understand that you already had filed.

"So far their own chart notes and Specialist Drs have been the greatest evidence against them."

That was the bulk of my 1151 and FTCA evidence-

Test results, omissions of follow up testing, and statements and entries within the medical records.

This requirements is the same for 1151 and FTCA in this way:

1.documented proof of medical negligence/malpractice by VA doctors and

2. documented proof of a disability or death that has been caused directly by the negligence/malpractice.

These are the two sole issues any 1151er or FTCAer must focus on.

Have they done a C & P yet regarding the 1151 claim?

I assume they denied at regional level? Can you scan and paste their Reasons and Bases or the C & P exam (or both) Cover personal stuff.

[Bigred122]

You mean that you do have a formal Section 1151 claim pending?

Good- I didn't quite understand that you already had filed.

"So far their own chart notes and Specialist Drs have been the greatest evidence against them."

That was the bulk of my 1151 and FTCA evidence-

Test results, omissions of follow up testing, and statements and entries within the medical records.

This requirements is the same for 1151 and FTCA in this way:

1.documented proof of medical negligence/malpractice by VA doctors and

2. documented proof of a disability or death that has been caused directly by the negligence/malpractice.

These are the two sole issues any 1151er or FTCAer must focus on.

Have they done a C & P yet regarding the 1151 claim?

I assume they denied at regional level? Can you scan and paste their Reasons and Bases or the C & P exam (or both) Cover personal stuff.

I haven't filed a 1151 yet. I was under the understanding it was to be done after my initial denial. My chart notes for a surgery removing half of my thyroid had notations about my getting Hep C after colonoscopy surgery and that health dept stated no sign of virus prior to that surgery. This was all documented on the surgeons chart notes. So it shows that they had done some investigating concerning this. Which I never knew they had done until I got some of my records for SSD.I see that they already shot down my AO claim because they have that marked closed. I thought the thyroid cancer and the no history of family diabetes would have been enough proof. But I guess being outside the window by 38 days was proof enough.lol Does closed mean have enough information or does it mean declined? It states they need nothing from me. I sure like being able to see on Ebenefits the status of my claim. Even if it is sometimes confusing. My C&P Dr said he wasn't going to cover anything to do with my Hep C and he didn't. It was funny how he twisted things around. On my thyroid and a couple of my colon surgeries Drs told me that I had cancerous cells, but they were in beginning stages. The C&P Dr said that meant nothing. If I wasn't treated for cancer, it meant nothing.If it was nothing, why tell me anything.lol The whole physical was that way.Thank you again for all your input.I was going crazy before I found you folks.Mike

[Berta]

I am confused by your posts.

"I haven't filed a 1151 yet. I was under the understanding it was to be done after my initial denial" Denial of what?

Did you file a FTCA tort claim? Is that what yo are wairting for to be denied???

Did you file an Agent Orange claim for any of your conditions that are AO presumptive disabilities?

[broncovet]

The internet expert on Hep C and VA benefits is here:

http://hcvets.com/index.html

You can ask him questions by signing in at the forum.

Berta is the expert on 1151 claims and DIC, and she is very good, too. Getting SC for hep is very complicated, tho, in part, because it can be caused by many things, such as jetguns, blood transfusions, dirty equipment, sharing IV needles, etc.

[Bigred122]

I am confused by your posts.

"I haven't filed a 1151 yet. I was under the understanding it was to be done after my initial denial" Denial of what?

Did you file a FTCA tort claim? Is that what yo are wairting for to be denied???

Did you file an Agent Orange claim for any of your conditions that are AO presumptive disabilities?

The only form filled out was the standard 21-526 online for C&P. The Agent Orange was about 1/2 of this form. From your responses I'm getting the idea that the VA has been putting me thru the motions just to keep me busy with no intention of approving claim. It looks like when I described on the form what transpired for me to contract Hep C that they should have started the 1151 process. In my mind that should be fraud. But we all know the VA is in their own world, own rules, they own the game. Should I call the 800 number and request a 1151 while everything is in process.? Everything I found online before I filed said no lawyers until denial. Lawyers I wrote about situation, not one ever responded back. Looks like I found you folks too late in the game. Guess I'm back to my State of Confusion again.lol Never been a drug user, or involved in risky sex. They did use the jetgun on me before going overseas, only transfusion was this incident at local VA center. Everything I've read says scale is supposedly tipped in our favor on these matters. I just find it hard to believe it was dormant in my system from some unknown mystery happening. To me it is more believable that I tested positive 8 months after transfusion from botched surgery. I know it takes 6 months sometimes to test positive after contracting it. Mine was 8 months because that was the soonest blood was tested after surgery. I had already been going steady to VA for about 3 yrs prior to this surgery and everytime it came up clean. I thought it would fall into the no brainer category, but I guess if there is away out the VA will find it.lol At least they haven't blamed it on a toilet seat yet! Even tho Portland VA Dr says it was obvious, I bet I could never get them to admit that in court. Drs really protect themselves and other Drs inspite of any oath taken. Thank you again for your help. I hope this information helps others not to make the same mistakes I have. Mike

[john999]

Did you get tested for HIV? If the VA was using blood from inmates that seems insane. I think I would go looking for a lawyer. I would present myself in person to a lawyer who does VA malpractice. Did the VA rupture your intesting when they did the colonoscopy? I think you "need hands" on professional help with this if it is available.