Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

Ig On Tomah And Stroke Victim Case


Question

Posted

This stuff upsets me:

In Part
"WASHINGTON – An investigation by the chief watchdog at the Department of Veterans Affairs found practitioners acted appropriately when treating a 74-year-old veteran who died after treatment at the VA Medical Center in Tomah, Wis.

The inspector general concluded a doctor failed to diagnose Thomas Patrick Baer's stroke as he waited to be seen in the urgent care clinic at the medical center, "however, the physician properly considered broad diagnostic possibilities," the IG report says.

His family took Baer, who was from Marshfield, to the clinic Jan. 12 and waited with him for more than two hours to be seen by a doctor. He suffered two strokes and was not given anti-clotting medication or a CT scan because the center's scanner was down"

http://www.stevenspointjournal.com/story/news/2015/06/18/tomah-probe-finds-wrongdoing-stroke-death/28918761/

(they told me their Ct scan was 'broke' when I started asking them too many questions after my husband had been at local VA for almost 3 weeks due to what they said was an ear problem) but when I threatened to call my congressman, the CT scan was miraculously 'fixed' in 20 minutes revealing they had misdiagnosed a major stroke.)

The IG White Paper , 55 pages, can out today and I dont have time to read it all.....



ANYONE who feels they have been a victim of VA malpractice or whose survivors think VA caused their spouses death, should not reply on any IG investigation because
that is not the same as a FTCA claim and they need an Independent medical review of the entire clinical record,by an expert, and not a review from a VA doctor , as in this above story.

Here is the VA press Release of the White Paper OIG statement on Tomah




http://www.va.gov/oig/pubs/press-releases/VAOIG-whitepaper-20150618TomahOPPI.pdf

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

4 answers to this question

Recommended Posts

  • 0
Posted (edited)

geeez..... I meant "should not RELY on any IG investigation." sorry about that

Nor should any one think, if the VA makes an 'incident report' regarding their care , on some problem regarding potential wrong diagnosis, wrong med, etc etc. the incident report means diddly squat. unless they file 1151/and/or FTCA, and in that case the incident report might be very important.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

  • 0
  • HadIt.com Elder
Posted

Ms Berta,

I run across these regs which I am sure you know...I thought about your claim when I read this.

under chapter 1

§3.816 Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.

It explains some EED.

Interesting!

.................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

  • 0
Posted (edited)

yes, that is the Footnote one Section of Nehmer.

It provided very favorable EEDS for veterans under the 2010 Nehmer presumptives if their AO disability was coded or 'should have been coded' in a past VA rating decision.

Also for survivors of these vets as well.

They gave me a 1988 date as the EED for my 2010 AO IHD death claim under Nehmer.

It was under the 'should have been rated part"

My husband's IHD was part of my FTCA claim for malpractice. It was never rated or listed with any DC code on any rating sheet.

The fact that I proved he had IHD, and it caused his death was all the evidence I needed ,under Footnote One Nehmer to succeed.

Nehmer is explained in detail here in the AO forum.Rick Spataro , head NVLSP lawyer, gave me lots of great help to make sure I presented Nehmer 2010 here correctly and to keep reminding anyone with a Nehmer claim to contact NVLSP to make sure they got the proper EED.

I still believe that many vets or their survivors are unaware of the 2010 Nehmer AO decision and the new AO presumptives since then, that were added to the AO presumptive list.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • AFguy1999 earned a badge
      One Month Later
    • Grey Goose earned a badge
      First Post
    • Matrev earned a badge
      First Post
    • Patrol Agent earned a badge
      Conversation Starter
    • Patrol Agent earned a badge
      Week One Done
  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use