This could happen to you

[Berta]

This is a very unusual story-I am contacting his attorney because I dont know what kind of settlement he got- maybe he appealed the 1151 denial.

We had a widow here about a year ago, in the same predicament. She was trying to file for wrongful death of her husband but VA said the doctor was not a VA employee, but a private contractor-working for the VA.

When I FTCAed them I made sure that all of the doctors who malpracticed on my husband were definitely VA employees.

“Still, Brian was hopeful because he said the new VA attorney handling his tort claim told him that a financial settlement was likely - and that an expert for the VA concluded his primary care physician had failed the standard of care.

"She used these exact words - the VA failed to meet the standard of care and there was a breach - and that there's liability involved and the VA is looking to settle your case," Brian said.

But eight months after he filed the claim, that same VA attorney dropped a bombshell. It turns out that Brian's physician was NOT a VA employee - she's an independent contractor for the VA, and under federal law the VA is not legally responsible for negligence by its contractors.”

“Why did it take the VA eight months to figure out Brian's physician was a contractor and not a VA employee? The VA won't tell us. The VA and Brian's primary care doctor ignored repeated requests for an interview.”

“After months of fighting the VA, Brian did get a settlement with the help of Virginia attorney Glen Sturtevant.”

Shortly after Brian reluctantly agreed to the settlement, he received even more disturbing news from yet another VA medical evaluation performed by an outside, independent physician.

Dr. Arnold Kim wrote in his report that delays in Brian's diagnosis and surgery "allowed for further destruction of the spinal column." Kim refers to Brian's "permanent injury" and the "red flag" missed by healthcare providers at the VA.

He believes the injury to the spinal cord "also led to the veteran's current lumbar IVDS, erectile dysfunction and voiding dysfunction," and that earlier evaluation and treatment "would have likely prevented the majority of the disability from the lumbar spine injury."

“Brian traveled to Washington, D.C., in September to meet with lawmakers about his proposed "Tally Bill." It would force the VA to identify independent contractors to patients and require the VA to assume at least some responsibility for medical malpractice by its independent contractors. Congressman Dave Brat of Virginia has agreed to sponsor the bill and plans to introduce it to the House of Representatives in the very near future.”

https://abc7news.com/health/va-misdiagnoses-and-delays-nearly-kill-socal-veteran/4451312/

 

 

 

[Solo]

Request an Independent Medical Opinion if you don't trust the employee of the VA. That is if it is pending at the St Louis Regional Office.

https://www.law.cornell.edu/cfr/text/38/3.328

You first appeal is to the Agency of Original Jurisdiction which is usually the Regional Office. That is when you request an IMO before they can deny you and give you a Statement of the Case.

Edited October 23, 2018 by Solo

[Pockets]

3 hours ago, Victor Ray said:

They couldn’t get rid of us fast enough with those early outs, so, to get you out of service they even cut your obligation in half. CAN YOU IMAGINE the Army being so kind it just let you out? Come on now. 

They withhold my medals, withhold my medical records,

I served in a time of "peace" and fear my sentiments will be lost but I had to respond. There are times when the army is so accommodating it's sickning. All I had to do was write a letter and they let me out. Hell~ they even gave me a good conduct medal on the way out. It's my badge of shame!

 

[Victor Ray]

24 minutes ago, Solo said:

Request an Independent Medical Opinion if you don't trust the employee of the VA. That is if it is pending at the St Louis Regional Office.

https://www.law.cornell.edu/cfr/text/38/3.328

You first appeal is to the Agency of Original Jurisdiction which is usually the Regional Office. That is when you request an IMO before they can deny you and give you a Statement of the Case.

Yes, I went through all that. The BVA granted Atopic Dermatitis at 0%, after overlooking it for 47 years. In their August decision they said they used my service treatment records, the fee based dermatologist report, my lay statements etc......that dermatologist said he found “Atopic Dermatitis with Generalized Pruritus “, and the decision says in that 1983 decision that it could find no connection to my service. No, I don’t trust them. Not a single word they utter.

So much for their expert judges.

[Victor Ray]

20 minutes ago, Pockets said:

I served in a time of "peace" and fear my sentiments will be lost but I had to respond. There are times when the army is so accommodating it's sickning. All I had to do was write a letter and they let me out. Hell~ they even gave me a good conduct medal on the way out. It's my badge of shame!

 

Pockets.

If you had 18 months or more you could get an early release, but had to finish your Time in a reserve unit. That was about when the volunteer army began and I was the first on base to qualify. I had hoped to get quality care by civilian doctors, but they were lost. When doctors asked what was my diagnosis in Vietnam for being hospitalized I said a “skin Disease” is all I know. They said “what caused it”, and I would reply, “they said they had no idea”, “but this form DA3349 says Chloroquine Allergy”, and I would add, “I was never allergic to Chloroquine, but they used that rule to get me out I guess”. I didn’t know they even used that reason until I was getting discharged. It was all a crock. 

They are very sneaky and tricky, aren’t they? LoL. 

[Pockets]

I had a little more than 18 months but never heard about the early release.  I just wanted out of the state but it was easier to put me out than transfer me. it was easier to play stupid with me out of the picture. Years later they came to talk to me and was pissed to learn who I was. WTF.

Sneaky is a bit of a compliment if you ask me but I'm a bit jaded.

I wish you luck!

[Solo]

They only started awarding benefits for agent orange after the Agent Orange Act of 1991. Your decision in 1983 is not compensatable before the Law became effective.

https://www.nolo.com/legal-encyclopedia/disability-compensation-agent-orange-vietnam-blue-water-veterans.html