In Anticipation of Litigation

[Victor Ray]

I have come to learn my medical evidence was withheld all my life due to "ANTICIPATION OF LITIGATION", from what I gather, and the VA used a couple FOIA EXCEPTIONS OR EXEMPTIONS in withholding them. I am asking why the VA would anticipate me suing them before I even got discharged? Just asking. Thanks

Victor Ray

[Victor Ray]

9 hours ago, Buck52 said:

Sounds like BS from the VA just another one of their fiasco  to use to deny. or cover themselves .

That's what I thought too Buck. Who knows how many were misdiagnosed on purpose, or just plain old lied to. Withholding evidence is different than lying in 19 different ways and the government can prove it, and besides that, they wrote the laws governing them selves. I think it would take an attorney not owned by the VA to obtain the unadulterated virgin records, if they still exist.

victor

[Victor Ray]

17 hours ago, Hamslice said:

Vic,

I would be interested in where you found "ANTICIPATION OF LITIGATION". Not because I don't believe you, but, can it be a real thing in ones file at a medical instatution?

The reason I ask is my wife had some poor work done to her by a doctor and we are having a hard time finding some of the records, that in this case, would prove he was at fault, etc.

Again, while I believe you, I just can believe that is a thing.  But then again, nothing suprises me much anymore.

Thanks,

Hamslice

PS, how about a court order for your records...?

 

Hamslice,

I don't remember exactly where I first heard that term, but I started requesting my records in 1972 and I knew it was extraordinary that all my medical records had been lost. Most of my requests didn't even get a response, and I believed they were lost, but kept trying anyway. I read about the laws regarding withholding of medical evidence, and it seems the only way to get them is through an attorney, but they can do what ever they want. They gave themselves that power, along with other companies. That's how they can get away with experimenting on soldiers. You can google it under the deliberative process privilege FOIA 5. 

 

[Victor Ray]

6 hours ago, Gastone said:

Let's go slow on assigning blame until we get the Complete Back-story and see the Evidence of wrongdoing. Collusion by VA employees for over 30 years in the "hiding" or "Withholding" of SMRs and VMC Med records "In Anticipation of Litigation" since the late 70s just seems to be a stretch.

Semper Fi

Gastone,

it 45 years, not 30, and it's much more than a stretch. I thinks it's balanced on the fence of malicious. My records were never lost, and my FOIA Requests were never answered until finally about 2012 I got some military records, but little if any medical records at all. All I had when I filed in 1983 was a DA 3349 from a medical evaluation board signed by four Medical Officers that listed my "Physical Capacity and Stamina"  as P-3. I never recovered, was denied Service Connection in 1983, and didn't receive any MTRs until spring of 2016. Here is a Feb. 1972 request, a 1983 request, and a 2012 request. I have another 15 to 20 but they are irrevelant at this point. Some are hand written, some are forms filled out and faxed, but it doesn't change the facts. The employees just follow the orders of superiors. They, are the swamp.

[Carl the Engineer]

Vic,

My wife reminded me that when our lawyer had us request some of her records for them, we had to put "For Litigation" on the requests.  

Just sayin,

Hamslice

 

[Carl the Engineer]

Vic,

I would think that last letter you posted about the lost in transit medical records from Vietnam would be an open book with a good veteran's lawyer..

FWIW,

Hamslice

 

Edited July 29, 2017 by Hamslice
spelling

[Victor Ray]

32 minutes ago, Hamslice said:

Vic,

My wife reminded me that when our lawyer had us request some of her records for them, we had to put "For Litigation" on the requests.  

Just sayin,

Hamslice

 

Hamslice,

thanks for the information. I never actually knew they were withheld, because I was told they were lost. When I would talk to different employees I would get a sense that something was not right when I would get one medical record, then with another request, another record. Last year I got 38 or so from Vietnam hospitalization for a month, but all evidence of migraine headaches gone, and I have had two strokes and a brain lesion or hypodensity since. I was in a coma 2 months after discharge from the migraines, and extreme fever. i still don't have those records and am pretty sure they have Xrays and documents showing I had a stroke or something, and how would I know any different? How would I prove it? Why was my records withheld 45 years if there was no wrong doing? No one ever gave an answer, but with 45 years to jack around with them, I'm sure they can say anything, or not say anything. I get what they want me to have and nothing more. I didn't know litigation might be needed. I believed that the VA would have to make this right, but the Texas VARO said I never even complained while in the service, that there was no record of me ever having or being treated or diagnosed with any illness, disease, or injury. They say what they want.