diabetes Fs-95 For Failure To Diagnose

[LeonEarle]

I am boots on the ground Vietnam veteran 1969-1972. I have successfully handled my own compensation filings with the Veterans Administration for Diabetes type II, renal disease, liver disease, hypertensive heart disease, bilateral peripheral neuropathy in legs, and bilateral peripheral vascular disease. I am currently rated 90% with 10% added for unemployability, Permanent and Total. In December 2013 I began having urinary difficulties which resulted in medication and orders for a PSA from my primary care doctor at Michael E. DeBakey VA Medical Center. The prostate biopsy performed in May revealed stage 4 prostate cancer with a Gleason score of 9 (4+5 for 6 biopsies and 5+4 for six biopsies). I have sent a letter request to the Veterans Administration for compensation requesting that Prostate Caner, presumed caused by exposure to Agent Orange, be added to my list of service related disabilities and this effort is ongoing. Their response is expected in the next month. I am also pursuing an SF-95 claim suggesting malpractice as a result of failure to diagnose.

These are my positions; 1) Physical exam performed in 2008 by Kelsey Seybold noted asymetrical prostate with PSA at 1.5.

2) These records were provided VA for compensation and copied to my primary care physician in 2009.

3) UCDavis/Norther California VA Medical Centers study published in Cancer in 2008 shows that Vietnam Veterans exposed to Agent Orange are 200% more likely to get prostate cancer, 75% more likely to have aggressive prostate cancer, and 400% more likely to have mets. I believe this information should have been shared with primary care physicians throughout VA determining that in country Vietnam veterans were high risk for prostate cancer. Another study published in 2013 from Portland VA shows the same results as UCDavis.

4) VA medical center guidelines state that annual counseling regarding prostate cancer should be conducted.

5) A review of all medical records from May of 2009 to January of 2014 do not show counseling, digital rectal exam, or PSA.

My claim of malpractice is that given evidence of asymetrical prostate, study results indicating Vietnam Vets at high risk of prostate cancer, and VA guidelines to annual counseling at a minimum, the annual counseling should have been conducted which would have resulted in detection of the cancer at a much earlier stage.

My question is this; Given the type of claim that I suggest above, will I still need an IMO? In reading posts on this forum it seems to me that I may need an IMO for review of my records confirming no counseling and supporting "standard of care" as counseling on an annual basis as a minimum.

[banchie]

I am boots on the ground Vietnam veteran 1969-1972. I have successfully handled my own compensation filings with the Veterans Administration for Diabetes type II, renal disease, liver disease, hypertensive heart disease, bilateral peripheral neuropathy in legs, and bilateral peripheral vascular disease. I am currently rated 90% with 10% added for unemployability, Permanent and Total. In December 2013 I began having urinary difficulties which resulted in medication and orders for a PSA from my primary care doctor at Michael E. DeBakey VA Medical Center. The prostate biopsy performed in May revealed stage 4 prostate cancer with a Gleason score of 9 (4+5 for 6 biopsies and 5+4 for six biopsies). I have sent a letter request to the Veterans Administration for compensation requesting that Prostate Caner, presumed caused by exposure to Agent Orange, be added to my list of service related disabilities and this effort is ongoing. Their response is expected in the next month. I am also pursuing an SF-95 claim suggesting malpractice as a result of failure to diagnose.

These are my positions; 1) Physical exam performed in 2008 by Kelsey Seybold noted asymetrical prostate with PSA at 1.5.

2) These records were provided VA for compensation and copied to my primary care physician in 2009.

3) UCDavis/Norther California VA Medical Centers study published in Cancer in 2008 shows that Vietnam Veterans exposed to Agent Orange are 200% more likely to get prostate cancer, 75% more likely to have aggressive prostate cancer, and 400% more likely to have mets. I believe this information should have been shared with primary care physicians throughout VA determining that in country Vietnam veterans were high risk for prostate cancer. Another study published in 2013 from Portland VA shows the same results as UCDavis.

4) VA medical center guidelines state that annual counseling regarding prostate cancer should be conducted.

5) A review of all medical records from May of 2009 to January of 2014 do not show counseling, digital rectal exam, or PSA.

My claim of malpractice is that given evidence of asymetrical prostate, study results indicating Vietnam Vets at high risk of prostate cancer, and VA guidelines to annual counseling at a minimum, the annual counseling should have been conducted which would have resulted in detection of the cancer at a much earlier stage.

My question is this; Given the type of claim that I suggest above, will I still need an IMO? In reading posts on this forum it seems to me that I may need an IMO for review of my records confirming no counseling and supporting "standard of care" as counseling on an annual basis as a minimum.

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