I Have Lung Cancer !

[mymissie]

I have been out of the Forum, not even reading much. Just got burned out.

But Please do not DELEATE this!!!! Want to find out if I have an 1151 CLAIM?

To get everyone up to date: On Aug 10,2011, I had Congestive heart failure,was in private hospital for about a week,where they removed about

about 3 1/2 qts of fluid/BLOOD . ALSO SAYS HAD ACCUTE KIDNEY INJURY.

ALSO WAS TOLD THAT I HAD LUNG CANCER--- ADENOCARCINOMA !!!-OPERATABLE!

IMPRESSIONS--From my Doctors.

1--FdG avid left upper lobe mask with a small avid nodule on the right upper lobe.

2-Consolidative changes in the right lung base paratracheal ,which may be inflammatory in etiology.This is mildly FDG avid.

3- FDG avidadenopathy in the right paratracheal region,precarinal space,AP windowas well as subarinal space and left hilar reguon ad described.

4- FDG avid right axillary node.

5- FDG avid supraclavicular adenopathy particullary on the right as described

6- Markes colonic diverticulosis.

I have started Chemo already,but am limited in treatment that will help-IF ANY treatment Will !

AFTER the Shock of finding I had cancer,I went and got copies of X-ray that were taken back in 2004, an found out the following:In My V.A. Radioligy Reports:: Jan.20,2004- Report status verfied:

Report: Chest: Two views of the chest with no previous film avaible, there is a streaky density noted at the level of aortic knob. Could be superimposition of shadow vs infiltrate,left upper hilar region should be considered.

Impression: Normal Heart. Could be superiorimposition of shadow although for futher evaluation. Recomend close follow-up and apical lordotic view.

Primary Doagnostic code: Major Abnormality.

Jan. 27,2004-

Chest: Two views of the chest shows bony thorax to be unremarkable for age. Mild scoliosis. The heart is normal size. There is a streaky density on the left upper region which is un-changed as conpared to the previous film.

Impression: No definite infiltrate. Streaky density left upper hilar region, unchanged as conpared to previous film. Recomend follow up study.

Primary Diagnostic code: Clinical Correlation Needed.

I was never told about this-just found out about it this past week while reading this Radiology report. THEY NEVER DID A FOLLOW-Up ON THIS !!! THEY JUST HUNG ME UP- AND WAITED FOR ME TO DIE QUITELY !!! I'm 100% Service conected disabled- to expensive to Keep on there books?

SO WHAT DO YOU'LL THINK? 1151 Claim plus a $25,000,000. Tort Claim???

Sorry for being so long winded- But I am MAD AS HELL!!@@@@@@

Please advise ME>>>

CANCER

Edited August 20, 2011 by mymissie

[john999]

Find a lawyer who does malpractice against the VA.

[Berta]

YOU BET!!!!

Some lawyers might provide an IMO specialist for an opinion that could come out of the proceeds if the FTCA is successful.

Unless you can afford to get an IMO on your own.

This is as troublesome as the cancer:

"Impression: Normal Heart. Could be superiorimposition of shador although for futher evaluation. Recomend colse foloo-up and apical lordotic view.

Primary Doagnostic code: Major Abnormality."

That is real VA doubletalk and similiar to how they killed my husband.And almost killed a good friend of ours.( He gets 100% P &T plus SMC for what they did to him.)

There is plenty of info on FTCA and 1151 claims in our FTCA forum.

The offset from 1151 awards to FTCA awards is explained there.

This appears to be VA malpractice but only the med recs can reveal if it is -as well as a strong IMO from a real doctor.

Malpractice has a paper trail and even if the VA attempts to cover up malpractice, it is still revealed in the med recs- maybe very hard to find but

if in the med recs, the evidence of malpractice can be found.

6 years after I won FTCA 1151 I found evidence of an additional malpracticed condition in my husband';s med recs because my daughter, a veteran, insisted I review the records again. She was right.

I could not file FTCA or 1151 again-so I filed for direct SC death due to AO. I succeeded in the AO claim too but I had 3 IMOs this time because I was so angry at the VA when I discovered the true cause of my husband's demise.It was VERY well covered up by the VA until I found out what they ad done.

It pays to get a lawyer to word the SF 95 for the tort and this can be used for the basis of the 1151 claim too.Although these claims are distinctly separate claims.

I think in the FTCA forum I posted the way I worded the cause of action for my FTCA case.It was basically what a lawyer would have stated.

For witnesses on the SF 95 they usually mean witnesses for any vehicle accident or similiar situation on VA property as cause of action but I listed under Witnesses the names of a bunch of the quacks at 2 VAs who malpracticed against my husband.

Good luck with this and by all means hold your spirits HIGH! And keep Faith that you will overcome these medical problems!

Edited August 20, 2011 by Berta

[carlie]

mymissie,

Sorry to read about this diagnosis.

Sending good thoughts your way.

[mymissie]

I sent a request to Archuleta,Alsaffar, & Higginbotham Law Fiim last Thursday. Hope I hear from them SOON!

Thanks Berta,everyone!

Edited August 20, 2011 by mymissie

[mymissie]

Wed, 24,Aug,2011

Well,today I sent off my 1151 Claim ><

Now the waiting begains!!!!!!!!!!!

How much time before you hear from 1151 Claims??

Months??? Years ???

[Berta]

1151 claims can take quite some time.

My FTCA case took a little over 2 years but the 1151 claim was actually denied Even when I sent the VA the settlement papers and contact info from the OGC lawyers.VA doesnt settle unless the OGC has found evidence of malpractice. VARO Buffalo as usual ignored that info.I got right on the phone to OGC and then the VARO sent me the award letter almost 3 years after I f9iled the claim.

Funny thing is - the US of A is the entity you settle with-but the USA maintains no admission of malpractice in the settlement papers.

The award letter under 1151 sure did though.

I was able to get the internal OGC documents and peer review stuff after I settled and VA signed off.

Those documents were horrible.

My 1151 DIC was offset by my settlement for over 10 years.

On the books the VA would account for it and then substract it from the FTCA award.

Anyone can attempt to do what I also did- but I found no case like mine and neither NVLSP knew of any-still this can be done-

if a veteran or widow is awarded 1151 and FTCA for a non SC condition-they can also try to prove the 1151 issue should also be direct SC (and then they get the offset back)

My claim for that took 7 years but that can work.

1151 DIC for NSC death by VA -

2010 award for death due to AO trumping 1151 and FTCA offset.

AGain I had to pressure the OGC to get the RO to pay me. And they did.

The offset for FTCA only regards the 1151/FTCA disability.

VA fights both FTCA and 1151 claims aggressively.

I had no lawyer and dealt with OGC directly.

My FTCA case was by far easier in many respects then any of my RO level claims.

I liked the OGC lawyers. They are tough as nails but know VA case law in and out (unlike RO raters)

and although they diligently tried to knock down my case, they couldn't as my evidence was so strong.

Having a lawyer however would have saved me a lot of time and research and stress.I dont recommend filing FTCA without a lawyer.

Sometimes what appears on the surface as malpractice -isnt.

and then there are situations where the veteran has definitely been victimized by VA malpractice but they don't know it until someone gives their med recs a full review.

I used my FTCA internal documents for my additional AO DMII claim and for my pending AO IHD claim.

They never release this stuff until after a settlement is made.