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silke

Vet Severely Disabled Due To Va Prescribed Meds

Question

Not sure If I have a case here, please advise.

My husband started going to a VA Clinic in 2009. He was prescribed a drug called risperidone by a psych doc. After 6 months or so he began to shake, and had involuntary movements....not severe but noticeable. The drug was not effective so they kept raising the dose.....over time his involuntary movements became worse. We went to a C&P exam in 2010 for a schizophrenia claim and it was mentioned in the exam report that he had Tardive Dyskinesia.....a involuntary movement disorder brought on by the meds he was prescribed....this was the first time that I was made aware of his condition. I ordered his treatment notes and his doc was aware of what was going on with my husband.

For the next two years he was kept on a high dose of risperidone and his condition became severe....he has constant involuntary movements, has a speech impairment, gait problems and has almost lost use of his hands.....I filed a claim for TD and was given an 80% rating permanent as well as SMC L for A&A.

Last summer we moved and went to a new clinic, and was seen by a psychiatrist/neurologist, he seemed surprised by my husbands condition and immediately took him off the risperidone and started a different drug. He also, for the first time, documented a diagnosis of Neroleptic Induced Tardive Dyskinesia....unfortunately his condition is now permanent and there Is no treatment for it...he will be like this for the rest of his life.

I have read extensive medical documents on this. From what I have read, at the first signs of tardive dyskinesia the offending drug should be discontinued, continued treatment would cause worsening of symptoms and condition will become permanent...and that's exactly what happened.

I feel the doctors were negligent in his care...something should have been done a long time ago.

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You are correct about the anti -psychotics:

https://medlineplus.gov/ency/article/000685.htm

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5472076/

and many more on the net if you google tghis disability and the causes.

The MRI will tell the doctors more.

Were these meds prescribed by a VA Physician?

Many VA doctors these days do not work for the VA but are contracted to the VA. 

There are a few claims at the BVA due to this condition-here is one that succeed:

"ORDER Compensation under 38 U.S.C.A. § 1151 for tardive dyskinesia, manifested by involuntary oral facial movements, secondary to VA medical treatment (medication) is granted."

https://www.va.gov/vetapp00/files1/0003403.txt

The FTCA SOL is 2 years ( some states have a shorter SOL) but you can file a Section 1151 claim.Or file it as secondary, if the meds were for a SC condition, or file it both ways.

Unless the MRI reveals some other cause for the TD.

We have a lot of info in the FTCA and 1151 forums here.

They both require the same evidence:

1. proof of negligence by a VA doctor ( s) that caused this TD disability.

2. proof of the additional disability that is at least 10% disabling.

The VA aggressively fights these claims.

You need to determine if the prescribing dotors are,in fact , actually employed by the VA.

We have a link here to help with that- I will try to find it-

You will need a strong IMO/IME ( Independent medical opinion/exam) to support the claim.

Our IMO/IME forum ontains the criteruia that opinion must follow.

The above BVA vet however got a favorable opinion from a C & P doctor-but also the VA points out this was before the 1997 Moratorium. I was in that moratorium.

Then again I am assuming your medical care has come from the VA......

has it?

Were the meds prescribed for a SC condition?

 

 

 

 

 

 

 

 

 

 

 

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This is the link to VA's contracting medical providers:

https://www.va.gov/health/ourdoctors.asp

I am posting it in the main forum separately- 

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Enlightening, Berta.  Even tho much of this thread is 4 years old, I think everyone should read it.  

Here is my "takeway" from this:  You pointed out that Risperadone has up to a 20 percent fatality rate.   How did this drug EVER get FDA approval??? And, in light of this, why isnt it banned from anyone except maybe terminally ill, desperate patients.  

Worse, what other drugs is VA prescribing that are also dangerous???  

Also, from a benefits standpoint, you made it clear that the VA is "duping" us into thinking 100 percent is the max.  I was told by a well meaning VA employee, why was I (seeking OSA) when I was already at 100%?  Of course, Statuatory SMC S is 100 plus 60, but she seemed unaware of that.  Worse, I had no idea that you could get 100 percent plus another 100 percent for 1151, if I understand what you posted.  

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"Worse, I had no idea that you could get 100 percent plus another 100 percent for 1151, if I understand what you posted.  "

That is why I am using OGC Pres Op 08=97 Broncovet.

And my Nehmer decision appears to have used it for a partial # 08-97 award.

The Nehmer retro was an "estimate" that was supposed to cover the 2 CUE caims they granted, as well as the 1151 100% P & T stroke claim and the AO IHD claim ( also a 1151 issue).

I think the "offset" info in this thread is a little confusing- it never applied to my case.

My husband never saw any of his awards except the 1983 PTSD 30% award.He had 2 claims pending when he died.VA never had 'offset" anything from his 30% PTSD.

I however received a FTCA "offset" from my 1151 DIC. I negotiated that myself with OGC.

Years later in 2009 the VA had to refund that offset (after a battle-OGC ordered them to pay me) because I won direct SC death ( due to another malpracticed condition- AO DMII ,never diagnosed or treated by VA in spite of overwhelming evidence of it.)

His posthumous awards were for 100% P & T SC PTSD and 100% P & T under 1151 for stroke.

And the AO IHD award...forget ---30 % I think.And 10% 1151 HBP for 6 years. They said I got too much $$$ already so they didnt pay for that.

OGC Pres OP 08-97 says they will pay it all.None of the subsequent Pres Ops, which deal with 1151 issues, retract, alter, or amend in any way the 'intent of congress'-which makes sense-

If the VA caused harm or death to a veteran, it should not even be an issue as to what SC they have already, or what their survivor is awarded after they die, if still eligible for accrued- which I am, per VA itself.

 

They never rated his DMII.Maybe I should ask them to, but I have enough on my plate now with VA as it is.

and I have much more evidence to send to the OAWB,

 

 

 

 


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