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

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    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

Question

A local Kansas City man is suing the VA for $35 million in a malpractice suit, in my words basically, he was treated for 10 years of being misdiagnosed for a mental condition that he didn’t actually have, and it cost him his pilots career. Anyone can google it for accurate details. 

I made medical treatment record requests while on active duty months before my discharge, but were told they were all lost in transit from Vietnam, when I was medivac’d out. What I did receive at discharge was Form DA 3349 showing P-3 permanent profile for permanent defects under “physical capacity and stamina”. I had what we call now, Chloracne, Porphyria Cutanea Tarda, Upper Respiratory Infections with undetermined organisms, Group A Streptococcus, vision problems with eye aches, Migraine Headaches, abnormal Liver and kidney issues with urinating blood, uncontrolled pruritus, insomnia, urticaria, rashes, unexplained fevers, heart palpatations, abdominal pain and cramps, severe bone pain, and on and on.

I was stuck thousands of times by mosquitos, ate or almost ate some nasty uncooked/undercooked fish, besides drinking nasty water. I probably had Liver Flukes, Filariasis, or Malaria or all of them because I was in a coma most of a week a few months after discharge, and I never recovered from RVN Service.

My treatment records NEVER WERE LOST, but they were withheld for 45 years, and 6/7 months still are, plus all of them from Japan, about 4 days of test results. The VA has withheld the missing documents and medical board proceedings per FOIA EXEMPTION 5 for a year or two, but now say they mistakenly  spoke when said they were withholding them in the two or three reply’s from FOIA Requests. I still have not received the records I have requested, such as pay records, morning reports, and I am at the point that I actually may need an attorney. I am being reconsidered now, but I was deceived and had no evidence for a disability claim before I was discharged. Being naive and 21, and never doubting the integrity and honesty of the Army or VA, I couldn’t see how I would ever get a disability claim approved. I barely had proof that I was even in Vietnam, but now have proof of a 28 day straight stay in the infectious disease wards. SHOULD I TRUST THE VA TO MAKE THIS RIGHT, OR DO I CONTACT THE ATTORNEY HANDLING THE $35 Million dollar suit? Sorry for being long winded, but a little history makes it clearer. It’s going on four years with Line of Duty, and 100% Direct Service Evidence, but only recently given 70%, but  denied 100% Service Connection that was due in June 1971.Thanks again. 

Victor Ray

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3 hours ago, Victor Ray said:

  " SHOULD I TRUST THE VA TO MAKE THIS RIGHT "

 

Are you serious?

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Can you give us more details on that lawsuit?

If it is still in the initial FTCA process, I don't know how Google would pick it up, unless he told the press about it or his lawyer has posted about it on line somewhere.

I get Google alerts every week on VA FTCA-malpractice issues -----the last two regarded:

http://washingtondc.legalexaminer.com/medical-malpractice/congress-seeks-answers-amidst-va-malpractice-claims/

https://www.disabledveterans.org/2018/01/17/west-haven-va-may-pay-big-scalpel-malpractice-suit-clearly-seven-figure-case/

 

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I deleted this post, or it looked as though I did. I thought about it a couple hours and decided it was an ignorant thing to even ask. I have known since I was discharged. Sorry. Please delete this if you will, moderator. Thank you. 

Victor Ray

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Berta.

it is on the internet and anyone should be able to find it. I just use google as the search engine and it pooled up. Yes, it was in the press, by I just entered “ lawsuits against VA”. Maybe “Kansas City man sues VA for $35million” would be better. 

Hope you find it 

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You raised the issue of VA malpractice/negligence ,which I feel the public and anyone here has the right to know about.

This is a serious issue.I was sick all week and am finally catching up with my emails, many on this issue.

“The Office of Special Counsel’s report in part states:

WASHINGTON, D.C./Jan. 25, 2018 – The Office of Special Counsel (OSC) today notified President Trump of shortcomings in the Department of Veterans Affairs’ (VA) response to disclosures of wrongdoing at the VA Medical Center of Manchester, New Hampshire. Whistleblower disclosures included concerns that a large number of patients at the Manchester facility developed serious spinal cord disease as a result of clinical neglect. OSC found the VA’s response largely sluggish until the media covered the problems. Even after that coverage, the agency chose not to review certain serious allegations.

And

"The four whistleblowers, all medical doctors, brought forward concerns of a higher presence of a serious spinal cord condition known as myelopathy among Manchester VA patients, despite a significant decline in this condition in the general U.S. population. They alleged that transfers to another facility were not performed in a timely manner, against agency policy. They described substandard surgical procedures, leading to one patient who developed a spinal infection and possibly died from complications and another patient who developed a spinal infection after surgery but survived."

https://www.disabledveterans.org/2018/01/26/neglect-fly-infestation-linked-spinal-cord-disease-manchester-va/

( I bet no one at the VA even suggested to the family of the dead vet, that they might have a legal recourse via FTCA and/or 1151)

Many 1151/FTCA issues I have seen or read of over the years ,really have no merit.

But the worse thing that can happen is that the veteran, or their survivors, if they have died, Never get the info they need if there is a potential way to prove malpractice.

Vet reps have service officers dont have a clue on FTCA, and do not handle FTCA issues at all  and many even lack the ability to recognize a bonafide 1151 issue...even if the claimant has ample medical proof.

Next to AO this is the most important issue of my life regarding veterans.

And as I mentioned in a fairly recent radio show , the true malpractice stats are found within VA's "Area 1151" payouts.

Thanks- I had a very bad cold all week and am going to contact the lawyer in the first link above....

and see if he knows about "Area 1151". He might find my recent evidence ( from the VA itself) Very interesting  as it supports exactly what I mean by the secret 1151 payout list.

I was ( and  still am )a Watergate buff and Deep Throat was right.....

Follow the money.....

 

 

 

 

 

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      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

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