Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sign in to follow this  
Linda Kyle Wright

Husband Murdered By Va Hospital Houston

Recommended Posts

My Husband Became Very Ill And Was Transported To The Va Hospital In Houston Tx; Where He Contracted A Yeast Infection In His Blood; As Well As Several Injuries Done To Him By The Drs. Then To Make Things Worse They Decided Because He Needed A New Feeding Tube( Ruined By The Nurses ) They Stopped Feeding Him

I Watched Him Wither Away To Nothing Weighing 175 Pounds And In 21 Days Weighed 67.. He Would Lie In Bed Crying Because He Was So Hungry. His Heart Finally Failed On Him. There Were Several Discrepencies On Hid Autopsy Report . No One Seems To Care Have Been Unsuccessful At Finding An Attorney Who Is Willing To Take The Va On. I Hd One But I Found He Went And Put A Claim Iin To The Hospital But Of Course Was Denied!! They Need To Be Stopped! Mmy Husband Went To Korea And His Reward Was ; Starvation; A Hole In The Ground; A Flag And Headstone. I Still Hear My Husband Begging For Food And Scared Of The Thungs They Did To Him. No One Should Have To Go Through The Things They Did To Him. When He First Got There He Looked At Me And Said " You Know I'm Leaving In A Box, They Are Going To Kill Ne Here", He Was Right And I Felt So Helpless Watching Him Go Through The Tortures And Horrors. Does Anyone Know A Good Attorney I Cn Get To Help Or Are The Va Hospitals Going To Continue What They Are Doing To Our Vets?

The Estate Attorney Saw My Evedense Ans Said They Murdered Him!

Edited by Tbird
�C�h�a�n�g�e�d� �f�r�o�m� �u�p�p�e�r�c�a�s�e� �t�o� �t�i�t�l�e� �c�a�s�e� �f�o�r� �r�e�a�d�a�b�i�l�i�t�y�.

Share this post


Link to post
Share on other sites


I know how you feel.

VA killed my husband too with lousy medical care. Almost 20 years ago and I am still angry about it.

" HIS HEART FINALLY FAILED ON HIM. THERE WERE SEVERAL DISCREPENCIES ON HID AUTOPSY REPORT . NO ONE SEEMS TO CARE HAVE BEEN UNSUCCESSFUL AT FINDING AN ATTORNEY WHO IS WILLING TO TAKE THE VA ON. I HD ONE BUT I FOUND HE WENT AND PUT A CLAIM IIN TO THE HOSPITAL BUT OF COURSE WAS DENIED!! ."

There are plenty of malpractice lawyers on the net with VA experience.

Was the attorney who filed the claim, a malpractice attorney?

What type of claim was it? When was it denied?

Was it a FTCA SF 95 form that he filed? (the beginning form for potentially suing VA)Or a Section 1151, 38 USC claim?

In our FTCA forum here we have a wealth of into on VA malpractice.

You will need a strong Independent Medical Opinion from a non VA doctor,who has expertise in the disabilities your husband had, to succeed..

The doctor will need a copy of his entire medical records, from VA and private doctors and also any posthumous C & P exam results, and his autopsy.

Were any of his disabilities service connected?

I recommend Dr Craig Bash, I had no IMO for my wrongful death FTCA claims,but I sought his IMO for an additional claim I had to prove, on top of the wrongful death they awarded,that they had killed an Agent Orange vet with 2 malpracticed Agent Orange conditions.

If an IMO can support malpractice, and wrongful death by VA , then there would be no problem in getting a malpractice attorney.

"THEY NEED TO BE STOPPED!"

After the Phoenix incident, I started asking VA some questions that the VA lawyers I dealt with long ago never gave me good answers to.

I have been preparing evidence regarding the VA, as to how they cover up malpractice issues and have sent some of it already to the House VAC , to the IG,and the FBI.

Yes they must be stopped.

But VA does have many excellent and dedicated doctors, nurses , and other medical employees.And sometimes what appears to be outright negligence and malpractice, really isn't at all.

Why type of claim did the lawyer file? FTCA ( an SF 95 form) or a Section 1151 claim?

Can you scan the denial ( cover C file name, address first) and attach the denial to a post here?

What did the lawyer do ) and file) After they denied?

I got some denials too for my FTCA and 1151 claims but I just kept fighting them until I won.

If we can see the denial we can help more.


.





Share this post


Link to post
Share on other sites

My condolences and I am outraged that a Veteran can be treated like that. You should talk to your lawyers but may consider telling the Veterans Committee for the House and the Senate what happened to your family.

Share this post


Link to post
Share on other sites

These are some malpractice lawyers in Texas with experience with VA-FTCA claims.

http://www.texaslawfirm.com/CM/PersonalInjuryOverview/VA-Hospital-Malpractice.asp
http://www.dallastexaspersonalinjurylawyers.com/practice-areas/medical-malpractice/veterans-administration-medical-malpractice
http://www.wincklerharvey.com/Practice-Areas/Military-Medical-Malpractice/VA-Negligence.shtml

They all have contact info or consult forms on their webs sites

If you contact them briefly tell them what malpractice you feel had occurred and tell them you had an autopsy done.

I am sure they will all advise you to obtain an IMO.They might even have their own IMO doctors they use.

I wonder if the lawyer you had prepared an SF 95 form correctly.

The statement of the charges is critical.

I have a template here somewhere for how to fill this form out from my own SF 95.

General Counsel and I were discussing something about a year ago and I happened to ask Tim , the VA lawyer who settled with me,in 1997, what mistakes do vets make if they file the SF 95 themselves and his advise is here somewhere and in my template post.

Basically he said they need to be specific in the charges and the wording of that first charge question and they MUST fill out the amounts they want as damages correctly and add them up properly on the form.Otherwise , since they will argue the SOL from the gitgo they will also deny right away on the amount errors.

Often a vet ( like the PTSD vet who won millions in a Federal Court for VA negligence,) will make sure they ask for enough cash in damages on the SF 95 form.

Unless a FTCA negligence claim involves a minor additional disability,which would not really contribute down the road to one's death, I suggest to ask for MILLIONS. I sure did.

The actual settlement wont award anything like that unless you file in a federal court, if you don't like the settlement offer......
I got them up to what I wanted and state laws control settlements with caps these days.

Regional Counsel here in NY wanted to settle with me right away...my evidence was solid...but then not only did he disappear, a critical Peer Review report supporting my charges ,vanished as well.

Also the VA lost the autopsy 12 times.

I have a legal background and also a medical background in a few areas ( mainiy due to medical research for my FTCA case my claim)

and I found that, once I got to OGC in DC, although they fought me , I was dealing with experts in 38 USC , and actually it was the easiest claim I ever had because lawyers Love evidence and unlike ROs they are willing to read it.

Of course we argued and went round and round but that is their job and they are good at it.

But although any claimant has to right to file and proceed with FTCA themselves, unless they have a very strong IMO (which I didn't have, I had only my lay medical opinion, ) and unless they can stand up to the VA lawyers regarding FTCA regulations and nuances, they will probably fail.

If I had a lawyer, VA would have never pulled some BS on me by losing the autopsy and the Peer Review report ( which I found years later and used against them for a different claim) then again maybe they would have tried even with a lawyer.

FTCA and 1151 require 2 things:

1. Proof of medical malpractice within the VAmed recs ( which is often hidden or covered up)

2. Proof of additional disability or death which is directly due to the medical malpractice.

FTCA has a 2 year SOL as well. No time limit on filing 1151 claims.

Did you file a DIC claim?



  • Like 1

Share this post


Link to post
Share on other sites

Welcome to the site, and God Bless! Sorry to hear of your troubles. Please keep us updated

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines