Today , My Gi Doctor Blamed Teh Va For My Necrotizing Pancreatits

[retiredat44]

Today , my GI doctor blamed the VA for my Necrotizing Pancreatits. He said it was their fault I got the pancreas disease that is killing me. They went to remove a large cyst and caused the disease. He just flat came out and said it. How does that affect my claim? I already knew this, and, but before I had this diseasem I had pancreaitits and a 5 inch cyst. Before then I was treated for gastritis on active duty. How does the claim get treated when VA doctors flat out say the VA caused a disease to develop on top of other diseases, also the fact that it is leading to my death.

Does claims treat it differently and just give me the award for the disease caused by the VA, or do they go back and give me the claim for the original diseas eon active duty gastritis? Intestinal disease(s) ?

btw, none of this is new news, is old news, I just never asked it in this form of a question. Also, it was denied and everyone know that reads my forums posts that I am in appeals and had a dro hearing in 2010..

I have to go for my by yearly cat scan for the cysts on my pancreas in a couple weeks, they have to keep watching the disease progress to see if the cysts are needing any additonal surgeries soon..

[carlie]

Today , my GI doctor blamed the VA for my Necrotizing Pancreatits.

He said it was their fault I got the pancreas disease that is killing me.

retired,

Did he say what he bases the above opinion on ?

Will he put it all in writing ?

[Berta]

Retired at44

I tried to make that point to you here a few years ago.

It doesn't surprise me at all what the VA doctor said.

Based on what you had told us an SOC said, I felt you had a very strong basis for a Sec 1151 claim.

I supported my opinion on that here with something from a BVA decision-

and although that decision would not help ypour claim, it showed exactly what I meant when I tried to convince you that this was negligence/malpractice. It regarded the same disability and how the VA had to SC their pancreas disease.

I also believe I posted link to a very large settlement that someone had won in a lawsuit over the same results of the same type of surgery you had. I think it was a non vet, non VA matter but very similiar to yur same situation.

There was no support from anyone else here on my suggestions to pursue 1151.

Then again, we have very few successful 1151 claimants here.

Those older posts are still here I am sure, maybe in 2005-and again in 2006?

I tried twice to bring up this matter to you ,so there is a span of a year or more if you search for those older posts.

I must admit I was so upset that I could not get you to consider the 1151 potential aspect ,that I stopped replying to your posts.

Because I could not get the obvious 1151 issue out of my mind.

If this doctor's statement was the first time you became fully aware of potential VA malpractice, although I brought it up here in your regard many years ago-

you might even be able to fit into the FTCA Statute of Limits ,with the help of a good lawyer.

In my opinion, as a Sec 1151er, you have had the basis for a Section 1151 claim for many years and I am not sure what EED you could expect.Probaby retro just to the date of the formal 1151 claim when you file it.

We have lots of info on Section 1151 in our FTCA forum and Carlie started a new 1151 forum here too.

If I can find the older posts on this I will post the link but that will take time and my days are getting very busy with other matters .re veterans issues and farm business.

The GI doctor- is this a VA doctor?

If a private doctor ,would he do an IMO for you?

IMOs for 1151s are explained inthe FTCA forum.

I actually assumed at first he might be a VA doctor.

Sometimes even a VA doctor will recognise VA negligence and inform the veteran. They have to do more than that too-

I forget what form it is they are supposed to file right away with the VA.I think it is called an incident Report.

"Does claims treat it differently and just give me the award for the disease caused by the VA, or do they go back and give me the claim for the original diseas eon active duty gastritis? Intestinal disease(s) ?

btw, none of this is new news, is old news, I just never asked it in this form of a question. Also, it was denied and everyone know that reads my forums posts that I am in appeal..."

Based on what you told us was stated in a SOC you got years ago- VA knew of this negligence all along,In my Opinion.

(one reason we have to go over everything in SOCs, SSOCs,etc. VERY carefully)

The VA wont do anything until you formally file a Section 1151 claim.

As I understood what you posted here years ago that came from the wording of a SOC you got, the VA already admitted the panceatitis disease you have, was caused by

the VA.

If the actual SOC is what you posted here as to the VA verbiage, and yo stated exactly what your residuals were from the surgery,

then that SOC is a good piece of evidence to support the Section 1151 claim.

I regret I could not make my point to you and I tried twice here.

That was years ago and maybe others here hopefully will now support any Sec 1151 claim you file on this issue.

I believe I even suggested to take copies of my posts to your VSO or vet rep.

I dont know if those posts are still here or on the older hadit board.

Edited March 13, 2012 by Berta

[Berta]

Here is one of the threads

This discussion didnt go back nearly as far as I thought it did-

but the other posts might be older.

I don't have time to try to find any more older posts on this but the info is here somewhere.

[retiredat44]

it's a va doctor,, they have I have been under the care of the va for 15 years (before than, after i left the usaf, I had Kaiser, who operated on my intestines for intestinal disease).. the VA already said as much when the operation was done a couple years ago (2008), but today the doctor at my gi exam said this, and was telling me it's all the VA's fault (I have to get a cat scan every 6 months to watch the many cysts to make sure they don't grow much more..),,

he was actually alluding to the fact I was unable to find my new doctor to order medications..as I said before when they changed my doctor, I was unable to locate the new doctor to order meds.. so he was saying they caused my illness so I have the right to get a new doctor if I can't communicate with the current doctor.. The surgeons had also told me, while an inpatient for 6 months, that their procedure and surgery caused the illness.. the ecrp used to removed a 5 inch cyst on my pancreas (2 operations, in one week) had gone very bad... the cyst broke inside me.. it took six months to beat down a life threating infection.. and internal bleeding..

My question was more about the claims part though, how they view and award claims when the va outrights says they caused a condition..

it's all in black and white in my records,, it's not new,,

I was wondering why they deny things the va says they caused,, it is very confusing how they can both be the VA yet they both say different things..

they caused it, but claims say deny deny deny,...

anyways,, I am still awaiting the response from my DRO hearing in 2010.

Any day now.... tick tock.. tick tock.. I hope before I die..

[retiredat44]

All I know is that my VA American Legion VSO knows everything, as she has helped go through my records, my wife and I took the boxes of records to my VSO, before and after my DRO hearing, and my VSO went through the boxes with me.. and I believe she filed al the right papers, asked the right questions in the filings, and at the hearing..

everyone has access to the records, and while they read and write, I cannot make it any more cleaered to anyone, and I have to believe they read and understood al the records and

if some 1151 filing was appropriate, it would have been filed..

I have no idea and odn't understand if you have any frustration, in my posts, I have no clue why... is it because you are tying ot make me understand siething that I have not filed correctly, or my vso didn't do right? My life if tough enough without this mess of trying ot get help in alt he legal mumbo jumbo.. mmy VSO looks to be very knowlegeable and professional, I just have to trust she knows what she knows and the team and organization she works for knows how she hadnles eveyrhting..

if for some reason this does not go correcly, then it still has to get through the BVA...

If someone was supposoe to fil out a form or file for soemthing, and it hasn't been filed correctly, does the va, bva, or soemone say, hey ' you qualify for this, and, even if you didn't file for it, it still applies' ?? Or do you just end up never getting justice because no one knew to fill it out?

in any case, I still feel confident in my winning... I have done everything possible... if/when I see her again, I will ask about this 1151 stuff... but i have a strong feeling that the DRO decision will come before that, but evenif I win half of what I claim, it will still leave several issues unresolved until the bva... anything else is speculation,,

I learn more and more, but at the rate I am going, my brain will be worse than now...

I know it sounds like i am blowing smoke, but i truly worry I many not live long enough to see this to the end... or if I do it will be form a hospital bed...

I really just wanted to know what you guys thought when doctors at the va freely admit their surgeries causes life threatening injuies.. with no malice, just an outcome from the procedures used...

note: I complained about the large cysts for many years, they refused to believe I had them until they became so large, it became an emergency, but I told them when the cysts were tiny, but they waited until they got to be 5 inches after many years of torment and great personal loss..

Retired at44

I tried to make that point to you here a few years ago.

It doesn't surprise me at all what the VA doctor said.

Based on what you had told us an SOC said, I felt you had a very strong basis for a Sec 1151 claim.

I supported my opinion on that here with something from a BVA decision-

and although that decision would not help ypour claim, it showed exactly what I meant when I tried to convince you that this was negligence/malpractice. It regarded the same disability and how the VA had to SC their pancreas disease.

I also believe I posted link to a very large settlement that someone had won in a lawsuit over the same results of the same type of surgery you had. I think it was a non vet, non VA matter but very similiar to yur same situation.

There was no support from anyone else here on my suggestions to pursue 1151.

Then again, we have very few successful 1151 claimants here.

Those older posts are still here I am sure, maybe in 2005-and again in 2006?

I tried twice to bring up this matter to you ,so there is a span of a year or more if you search for those older posts.

I must admit I was so upset that I could not get you to consider the 1151 potential aspect ,that I stopped replying to your posts.

Because I could not get the obvious 1151 issue out of my mind.

If this doctor's statement was the first time you became fully aware of potential VA malpractice, although I brought it up here in your regard many years ago-

you might even be able to fit into the FTCA Statute of Limits ,with the help of a good lawyer.

In my opinion, as a Sec 1151er, you have had the basis for a Section 1151 claim for many years and I am not sure what EED you could expect.Probaby retro just to the date of the formal 1151 claim when you file it.

We have lots of info on Section 1151 in our FTCA forum and Carlie started a new 1151 forum here too.

If I can find the older posts on this I will post the link but that will take time and my days are getting very busy with other matters .re veterans issues and farm business.

The GI doctor- is this a VA doctor?

If a private doctor ,would he do an IMO for you?

IMOs for 1151s are explained inthe FTCA forum.

I actually assumed at first he might be a VA doctor.

Sometimes even a VA doctor will recognise VA negligence and inform the veteran. They have to do more than that too-

I forget what form it is they are supposed to file right away with the VA.I think it is called an incident Report.

"Does claims treat it differently and just give me the award for the disease caused by the VA, or do they go back and give me the claim for the original diseas eon active duty gastritis? Intestinal disease(s) ?

btw, none of this is new news, is old news, I just never asked it in this form of a question. Also, it was denied and everyone know that reads my forums posts that I am in appeal..."

Based on what you told us was stated in a SOC you got years ago- VA knew of this negligence all along,In my Opinion.

(one reason we have to go over everything in SOCs, SSOCs,etc. VERY carefully)

The VA wont do anything until you formally file a Section 1151 claim.

As I understood what you posted here years ago that came from the wording of a SOC you got, the VA already admitted the panceatitis disease you have, was caused by

the VA.

If the actual SOC is what you posted here as to the VA verbiage, and yo stated exactly what your residuals were from the surgery,

then that SOC is a good piece of evidence to support the Section 1151 claim.

I regret I could not make my point to you and I tried twice here.

That was years ago and maybe others here hopefully will now support any Sec 1151 claim you file on this issue.

I believe I even suggested to take copies of my posts to your VSO or vet rep.

I dont know if those posts are still here or on the older hadit board.

Edited March 15, 2012 by retiredat44

[carlie]

everyone has access to the records, and while they read and write, I cannot make it any more cleaered to anyone, and I have to believe they read and understood al the records and

if some 1151 filing was appropriate, it would have been filed..

I have no idea and odn't understand if you have any frustration, in my posts, I have no clue why... is it because you are tying ot make me understand siething that I have not filed correctly, or my vso didn't do right? My life if tough enough without this mess of trying ot get help in alt he legal mumbo jumbo.. mmy VSO looks to be very knowlegeable and professional, I just have to trust she knows what she knows and the team and organization she works for knows how she hadnles eveyrhting..

if for some reason this does not go correcly, then it still has to get through the BVA...

If someone was supposoe to fil out a form or file for soemthing, and it hasn't been filed correctly, does the va, bva, or soemone say, hey ' you qualify for this, and, even if you didn't file for it, it still applies' ?? Or do you just end up never getting justice because no one knew to fill it out?

retired,

The BVA can only consider and take action on the specific issues listed in the appeal

that are under their jurisdiction.

If an issue is not part of the issues under appeal, then BVA has no jurisdiction on that issue.

If a claim has not been submitted, unless someone picks up on it and infers an issue,

then it won't be adjudicated.

Neither the VARO's or BVA have anyone looking thru claims trying to figure out if a claimant

has negated to submit a claim.

In most cases if a claim for a benefit that the vet meets the qualifications/criteria for,

has not been submitted - it winds up being a benefit missed out on.

JMHO