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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

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    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

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      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



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      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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Berta

Fayetteville misdiagnosis Snafu

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FAYETTEVILLE, Ark. (KNWA) - UPDATE:

"The VA Town Hall meeting will be on Sunday, July 9 at 11 a.m., and it will be located at the Veterans Health Care System of the Ozarks,  according to Wanda Shull, the public affairs officer with the VA. 

"The town hall is being held with the goal of ensuring Veterans, their families, and beneficiaries are provided with the most current information; and have their concerns addressed by senior VHSO officials. VHSO will also be joined by representatives from the Veterans Benefits Administration to help answer any related benefits questions Veterans may have," the news release states."

https://www.nwahomepage.com/news/update-va-sets-date-on-town-hall-meeting/1246298773

I hope they are prepared for a crowd.

Ben Krause finally got my email on it- it is at his site today-

I got one Google alert on this on the 18th of June and immediately contacted the law firm- now it is growing all over the net, and on TV and radio in Arkansas and Missouri, and the NY Times.

VA saves lives everyday- but no VA patient should keep their head in the sand if they think something is wrong with their VA health care.

My husband's  1994 1151  claim focused on what he felt was a lack of proper PTSD treatment.The treatment got better whe I raised hell- but he ended his 1151 with the statement that since his PTSD might have been malpracticed on, his stroke definitely was, ( we thought for only 3 weeks but it was over 2 years),and added they might have been misdiagnosing heart disease as well and could cause his death, but   then when Pres Clinton said the VA health care system was the best Gov health care system in the world- Rod turned to me and said 'maybe I should withdraw my 1151 claim'- but I reminded him what would Clinton kow about the real VA.

When he died I had to become the 1151 claimant. He was right-they misdiagnosed 4 conditions, 2 were AOs, and their last award to me under 1151 was in 2015.

The  WH hot line for vets filed a complaint for me- the complaint was why hasn't VA Central Office given out a press release yet on Fayetteville?

Some of those 20,000 vets sure might have moved elsewhere since 2005- and maybe given their RO their forwarding adsdress but maybe not to the Fayetteville VAMC.

The VA allowed this pathologist back on the job after he was in some sort of recovery program, and he was found to be impaired at work again-

VA is liable for his actions. There are only 2 questionable deaths so far, and 7 confirmed misdiagnosed veterans.

 

 

 

 

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If you have received that terrible letter from VA advising you that a Fayetteille pathologist might have interpreted your lab work wrong, and caused you to have been misdiagnosed ,  Senator Boozman would like to here from you:

 
If you have a copy of  your VA medical records, I can give you contact info for a Fayetteville malpractice law firm.
Otherwise you can use this form to get them:
 

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I told lawyer who had received calls from vets on this , when the first story broke, that this will definitely get worse.

And it did.This past Monday.

"FAYETTEVILLE (KFSM) — A review of cases of a former pathologist who was found to be impaired have showed 1,119 errors so far, resulting in 11 institutional disclosures and three veterans who have died.

 

The information was disclosed at a town hall meeting at the VA Medical Center in Fayetteville on Monday morning.

Institutional disclosures” refers to adverse events that occurred during care that resulted in death or serious injury.

Their deaths could possibly be a result of the diagnosis by this former doctor,” said Dr. Kelvin L. Parks, interim director of the VA Medial Center, referring to former Veterans Health Care System of the Ozarks pathologist, Dr. Robert Morris Levy, who was found to be “impaired” on March 22, 2016. The pathologist was immediately removed from clinical care.

Levy was fired in April following a DUI arrest in Oct. 2017 which was ultimately dismissed. Levy denied being impaired while on duty.

Following his firing, officials with the VA Medical Center in Fayetteville and the U.S. Department of Veterans Affairs announced an investigation in more than 33,000 of Levy’s cases, which affect about 20,OOO

The case reviews are expected to take until the end of the year."

https://5newsonline.com/2018/09/24/three-veteran-deaths-possibly-result-of-errors-by-pathologist-va-officials-disclose/

-----------------------------------------------------------------------------------------------------------------------------------------------

I have two comments on what is stated above:

"resulting in 11 institutional disclosures" and

Institutional disclosures” refers to adverse events that occurred during care that resulted in death or serious injury."

What that means is that 11 incident reports that VA has (done by some VA employee - nurse, doctor) at time of the incident which might or might not been revealed to the veteran or their family members if the veteran died, or if the veteran could have gotten at that point enough care to sustain their life. Some vets or their survivors, if made award of these incident reports probably think VA will compensate them n the basis of those 11 reports. However, every single case of malpractice here has to be filed for as under Section 1151, and/or FTCA.

The Public Affairs person at these Town Hall Meetings- this was the second one, told me the VA was definitely advising any vet or their survivors who had been malpractced on, of both Section 1151 and/or FTCA. I want to believe that......

Of the 33,000 cases, I also believe that accounts for over 5 thousand deaths that are being or will be investigated.Maybe be more than VA knows so far.

"1,119 errors so far"- Medical errors by one VA pathologist!

I strongly believe that our former Radio show tech, Mike Sasser  aka Stretch, was one of the wrongfully dead veterans and his spouse has filed FTCA already.

This is an OUTRAGE!!!!!!! Director Parks didn't want this to become National News. I called the WH Hot Line and filed a complaint because I dont even think thePresident or Sec Wilkie knew this had occurred.

I dont know what the 1,119 medical errors were-but in any event 1,119 vets either got diagnosed and treated for something they didn't have or are finding out now that they have had a serious condition, that the pathology reports said they didn't have. If you watched the last Town Hall (I posted a link to it here)you can see the anquish and depair in vets who are still alive, but who didnt know yet what their future will be, waiting for VA to give them an accurate diagnosis and treatment.

 

          

 

 

Edited by Berta

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A brief search for additional info gave me conflicting news reports that downplayed the bulk of those 1,119 errors and changed the  amount of vet's  medical records they have gone through at this point.

Only the local news outlets are following this up.

I think many of the veterans who VA might tell they were misdiagnosed or, not misdiagnosed at all, should get a second opinion outside of the VA.

Parks was asked again a question by a vet, and  does not have what I feel is a good answer at all....VA knew this pathologist was a mess. Why wasn't he fired sooner?

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  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 9 replies
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