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/

 

 

 

[Victor Ray]

 

I’m pretty sure you are talking to me. I went to a fee based dermatologist for both the  Agent Orange Registry exam. We discussed my spots on the lungs, and the Atopic Dermatitis. He didn’t mention the lung conditions, red dots all over except it was part of the Dermatitis. In the report he said I had Dennie Lines, but never said a single word about it. Every examiner I have seen has twisted the discussion to fit what ever the VA wants. I think they are the absolute worse medical people on the planet. Certainly the worse in America. 

I had developed the lung conditions after Vietnam and was hospitalized for it about seven months after RVN, and still on duty. The Army documented it, but ignore the documents saying I had an Upper Respiratory Infection caused by “UNDETERMINED ORGANISMS “ that were in my lungs and blood, diffuse, acute. I don’t believe they didn’t know the organisms, and just left it at that. I spent weekends in bed, cramped up, parasites crawling around my eyes, migraine headaches, had a stroke, bunch of crap. Anyway, I was put on the Registry,  I suppose. I don’t know for a fact, and all I remember getting was a written prescription for Benadryl. Later I got a denial because they couldn’t pick and chose who were definitely exposed to AO, so they conceded my exposure, and Agent Orange was not found to cause any adverse effects or disabilities. What a crock. 

I didn’t pay for anything except the Benadryl and never got any medical records to refute the disability denial. I was told they were lost in 1971, and requested them for 1983, but the VA never furnished squat, and basically still haven’t, except a months worth of hospitalization records from in RVN, Japan, Chicago Naval Hospital  Infectious Disease Ward and so on. 

On another note, I paid for all medical care needs for myself and families all my life. The VA charged me $24.00 for 30 low dose aspirin 4 years ago. I could buy 200 at Walgreens for $5 on sale, and they still had me paying when I was 50% SC until I was reading about what was covered. My doctor from India had no clue what vets paid what, but she sold pharmaceuticals for decades before practicing medicine. She taught acupuncture Two days a week and did paper work on another, so two days a week she was a doctor. My doctor now is from India and pushes acupuncture too. That’s will take over medicine in the VA, and the US. The new rave is Yoga, acupuncture, and self love to conquer illness. I’m almost glad to get out of this fxxxxxg life. 

I would not believe anything you are told if it is not written down and signed. Nobody likes their name on anything, especially VSOs. 

Victor

[GeekySquid]

8 minutes ago, Solo said:

say fee-based

Ahh gotcha

[GeekySquid]

8 minutes ago, Victor Ray said:

I’m pretty sure you are talking to me. I

 Victor, in context to your post, the term fee-based was clear that you meant you paid for it. When Solo responded however the phrasing placed it into a different context and I wanted to make sure what he meant. Assuming things is a bad choice as every vet dealing with the VA has learned the hard way.

As for having to pay for aspirin and stuff, there is and has been a co-pay situation with the VA and it depends on your rating and percentage and if you have other insurance .

I once got a charge for some off the wall prescription that they filled and I took it straight to the Veterans Advocate and they updated my files on the spot and retracted that bill. It was around 50 bucks but I will be damned if I pay for thing considering my rating and the hell VA put me through for two decades just to get rated.

I do understand and empathize with your situation as you laid out in previous posts. The VA and Military lied about my records and service despite having my DD214's and contracts in hand, along with my Letters of Commendation, Medals, Ribbons and other awards and a copy of 20K SRB check they paid me to re-up. I had made a copy and sent it home in a letter to my mom. She was as shocked as I was at the amount and happened to keep that paper with my other stuff. Back then 20K could buy a house and a car.

I wish you luck and hope you keep finding the strength to keep on fighting

[Victor Ray]

8 hours ago, vetquest said:

I was discharged illegally from the USMC and had a most unusual disability.  The Navy Times did a story on me as their cover story.  It helped get some people involved but not much more than the people already helping me.  I was featured in a story in the Los Angles Times and on a segment on disabled veterans on a TV news report.  The total of real help received was nil from those stories.

Yes, I believe it. Our priorities are so f’d up it’s unreal. Our President had two scoops of ice cream a year ago and it’s still talked about, lol, but marines or cops getting murdered hardly make the news even once. They will say two cops were gunned down today when they responded to a family dispute. The temperature today will.......

I may not do squat, or I might. I know what I want to do, and that would be to see VA crooks go to jail, forever if they cause one single suicide. These scumbags are killing vets, but blame  bureaucracy, but THEY ARE THE  BUREAUCRATS. It makes you feel good about getting it out though, and today with the freedom of speech, you can get on tv and name every name of every doctor or rotten nurse examiner in Kansas and it not even matter. 

The VA is completely biased, picking and choosing who gets SC and who don’t by the people they know, or their law knowledge. That’s why we get lawyers, because they have lawyers that make sure the law protects the government against scumbags like us that feel the Agent Orange or Malaria or the experiments actually did do harm.

well, I will get it started and my kids will have to finish it a decade from now, probably. I may humiliate some people too, or get some fired. I will see. Thanks for the info.

[Victor Ray]

Thank you GeekySquid.

i get it now. I did get that straightened out with the VA after I had paid for it, but I had been 50% rated for four or five months and still paying for my other meds, and at 50% and Vietnam Vet I had no co pay, but my doctor nor my nurse knew. I thought I had a copay because I also had outside insurance. I still do because I am married and the VA screwed me whe I should have been medically retired 46 years ago last April at 100% Service Connected, medical for life including spouse, 100% Pay, PX and all that stuff. 

They lied for all these years and it pisses me off that they are still getting away with F’ing me and my family, and sitting on the evidence all my life. They are running our VA and totally immune from criminal activity. How can they get away with it? I still pay $10K annually for medical insurance premiums before taxes, deductibles, co pays or any out of pocket. It’s too expensive to live OR die nowadays. Dang. 

I was lucky to survive 18 months, and did wind up in a coma. Thank you!

victor