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Case Laws Needed For Failure to Diagnose
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63Charlie
I'm pursuing a claim for VA doctors failing to diagnose a condition when they should have.
This is type of claim falls under an act of omission, and I am purporting medical negligence under Section 1151.
So far I have found Roberson v. Shinseki which addresses acts of omission.
VARO is arguing that I failed to show causal connection.
Pro se here going to appeal to the BVA..
The following is the VA explanation of denial of my spine claim for IVDS and other secondary conditions:
" Compensation for spine condition is denied because the evidence fails to show that your VA medical or educational services were the cause of additional disability. You reported back problems. A chest MRI was conducted on December 4, 2008 by West Coast Radiology. Results showed degerative changes and disc herniation in the mid thoracic spine. You received a phone call from a VA employee informing you that your MRI results were negative and normal. Later on February 10, 2009, Orange City Cnic physician acknowledged reviewing the radiology reports and reported the results were normal.
On June 13, 2011 another spine MRI was conducted and the results showed a marked increase in back problems in comparison to earlier MRI results.
In February 12, 2016, you reported continuation of back pain while working at your job in construction.
You also reported that the VA misdiagnosis of your back problems prevented you from getting the medical care you needed since you had no way of knowing if you had a disorder, as a result, you did not have a chance for a transitional job because the VA never told you you had back disability issue.
Based on the total of the evidence, you now have cervical bulge discs with herniation of canal and foraminal stenosis.
However, there is no evidence establishing fault on the part of the VA in furnishing hospital care, or mediacl treatment.
There is no evidence of carelessness, negligence, lack of proper skill, or error in judgment. The evidence does not show that the VAMC failed to exercise the degree of care that would have been expected of a reasonable health care provider, nor did the VAMC furnish care without informed consent.
Although it appears you had an unfortunate outcome of your spine pain, there is no evidence of carelessnesss, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA Administration."
REBUTTAL
1. I never worked in 2016 as the VA alleges.
2. I applied for SSDI and was determined 100% disabled as of Sept 2, 2010, the last day I ever worked..
3. I was never informed that I had ANY back problem by the VA. Was told the MRI was normal when in fact herniated thoracic disc, and degeneration was noted in the radiology report the VA doctors received and acknowledged informing me the results were normal. Only until after I was too disabled to work did I find out what was wrong with my spine. I had to acquire my VA medical records and when I got those, and read the radiology report from 2008, I discovered that my thoracic spine MRI was NOT normal. Multiple VA doctors treating me kept telling me all along the MRI was normal, even while I'm having chronic back pain from radiculopathy. I continued working in pain for about two years without knowing my spine was deteriorating rapidly.
4 I made an appointment in 2011 and told my treating VA doctor they had made a mistake in my diagnosis. My spine was not normal,. They started damage control them and expedited MRI studies on all levels of my spine..The results came back so bad that I became severely depressed. I blame the VA for not diagnosing me in 2008 when they should have, and by not doing so, they failed to treat/ diagnose my IVDS which allowed it to progress until I became disabled due to the severity.
The VA diagnosis and treatment came AFTER I was unable to work,and adjudicated disabled by a SSA administrative law judge.
Too little too late.
I'm feel fortunate to have not had cancer, or some other terminal disease, or I would have been dead for sure based on the poor standard of care the VA provided me.
Why do they need to lie and deny a legitimate claim of negligence leading to my permanent disability??
>>> Hopefully one day my case makes it in front of someone who will actually apply the law as it is written.
The St. Petersburg FL. VARO has done me wrong..
In the meantime, I'm doing my best to fight Goliath on my own.
It's been an uphill battle, if I were healthy it'd be a different matter.
Fighting my spinal disease and fighting the VA for benefits is a war on two fronts.
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broncovet
Berta has given great advice. To summarize, you need a doctor to say that VA caused your problems, or that it was at least as likely due to an event in service. No such opinion = no service connecti
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