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]

The backlog for appeals can take up 10 years. They can probably refile while their appeal is still pending. It does state in the decision that you have one year to file a NOD.

https://www.kctv5.com/news/veteran-finally-wins-claim-after--year-battle-with-va/article_d4f31636-c8c4-11e8-8195-df79fd6453c4.html

Edited October 23, 2018 by Solo

[Buck52]

Once  a NOD is filed it starts the Veterans Appeal.... they can refile 

However a REOPEN with new &material evidence only starts the EED when the claim is Reopen  in Victor case I don't think it would matter to him  just as long as they acknowledge he has a legitimate claim/claims.

[Solo]

He is going to need a current diagnosis and hire his own medical expert to link it to the Agent Orange if he expects to win.

[Solo]

I am waiting to see if I develop cancer from Roundup and sue the Monsanto company the maker of Agent Orange. I was a maintenance worker with a Florida Restricted Use Pesticide Licence spraying that crap all the time.

https://www.nbcnews.com/news/us-news/judge-upholds-monsanto-verdict-cuts-award-78-million-n923121

Edited October 23, 2018 by Solo

[Victor Ray]

Solo. 

If my claim is going to hang on a technicality of not appealing in that one year period, then the VA is taking issue with exactness. I will have a ton of issues against the VA for its inability to be exact. I’m gonna a million holes in the actions of the VA, and we will prove this was 100% a complete DoD cover-up. 

When the show begins, we can take it back to a cold winters morning in November 1970 in Basic Training. Drill sargents do not have the authority to over ride a medical officers when treating a patient, with a diagnosed serious illness, endangering his life, by literally dressing him (me) and carrying/dragging him out of a hospital bed against his will or the orders of the Officer. We can start there and take it right on down hill to the gutter before burying them. 

There are times to fight and times to give up and a time to know the difference, and I’m just getting started. I want a trial. I don’t a settlement with retro benefits. I don’t want peanuts when the farm is mine. The VA lied, then lied, and then tried to cover up their lies.

Kathleen Zellner isn’t a “VA law” attorney, but she can unravel fraud and cover up with the very very best, and she can write herself any check she wants in my case. There are lots of good people, but sadly, not near as many as corrupt ones, especially involving VA cases. I got ill, in Vietnam, and then the Army knew but let it get worse by covering up, and lying about the evidence. Then the VA, using my service medical records in 1983 couldn’t see any complaints? They didn’t know what the organisms in my blood and lungs were? The Army didn’t know either in 1971? Really? The Army really didn’t know? In 1983 the VA used my STR’s in their denial, but wouldn’t let me use them for an appeal? Wait a damn minute here!???”

I could not get anyone to see me at the Kansas City VAMC after I moved here, to help me figure out what I acquired in Vietnam, because I could see my kids were affected. I was rebuked in the 1980s, turned away in the 1990s, and still having lots of issues. I gave up, but in 2012 started trying to get my medical records again. Still nothing but lies and runaround up to 2015 all my letters and FOIAs over five decades did very little, but one of those phone calls I made got me some of the hospitalization records from Vietnam, just for asking. I simply asked for them and was shocked. No forms, no FOIAs, I just asked. That month in the hospital (21days in Vietnam) should have been good for a lot of conditions claimed, considering I had current conditions too, the same in the Army, but it wasn’t. NOPE. Not near good enough. They maintained I did’t complain in the service, I wasn’t boots on ground long enough, and the big one,” HE DROVE HIMSELF TO THIS EXAM”. That was the clincher I guess. 

It is what it is, is it not. We will see. The VA has no interest in me, other than brushing me off as a sucker, a fool. Oh well. 

VRS

[Victor Ray]

19 hours ago, Buck52 said:

Victor Ray,

 check out the hadit show again this coming Thursday 10/25 18  @ 7:00pm eastern  6:00pm central

James Cripps wil be on and he maybe able to help you,  he is the first veteran to prove a A.O. Claim from just being station here in the USA...He proved his A.O. Claim was cause from the A.O. HE WORKED AROUND..

.he also has proved other claims as well  he knows the regulations pretty good and how to present your claims ,  he could have some more information that would help you  ...>its worth a shot.

James speaks loud and clear  he is from Nashville Tn Area. and Has Formed the  ''United States Veterans Alliance Group '' he is the head man for that group.

HERE IS MORE INFORMATION ABOUT JAMES CRIPPS

http://usva101.org/2017/05/a-message-from-our-founder-and-national-president-james-m-cripps/

Yes Buck.

I have listen to and talked to him before, and he’s very knowledgeable. He was a Game Warden for the Military, and a smart man. I will listen, but I know what I have to do. This needs to be in the media, and followed by the news as many Vietnam Veterans feel an absolute connection to brain tumors, strokes, brain lesions, much more than the Vietnam Era Veterans, or general populas of the same age. 

I’m trying to get some answers, and yes, I do want proper compensation, who wouldn’t. I get peed off at times and feel that would be too lenient on the liars that’s kept this going this long. I should never have been deceived in the first place, but being part of the Agent Orange cover up, I almost understand their reasoning, but I wasn’t a guy that waited years to file. I was the guy with no choice but to wait. “THEY”-THE ARMY-DOD-THE VA forced me to wait. 

“THEY”- said the medical treatment records were lost in 1971 when I requested them in 1972 for disability claims, because I was 100% disabled.

The BVA in their August 9, 2018 decision used the lost records without giving me one copy of a single record, THAT WAS SUPPOSEDLY LOST.

THE VA is 100% wrong, and they should realize it. The lies will be shown to be bigger and bigger as time goes.