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This could happen to you


Berta

Question

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/


 


 

 

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Solo.

Thank you very much for the information on the doctors and about the VA concerning your case, and their manipulative ways. I would not believe this was possible 47 years ago, but with all I have seen the last six years, there is nothing that would surprise me. I may be shocked, but not surprised.

I tried to work with the VA directly believing that the corrupt fossils of yesteryear had passed away and a new generation of honest employees had taken their place. Wrong. It seems things are better for veterans only because we are not as asleep and trusting as we were. The VA has always taken advantage of my trust, and manipulated me in about every way they could and still keep me ignorant using up my life. They’ve succeeded, but I’m sure the VA figured it would have ended before now, but they still win. I will be dead before the end of this so it will be a family affair, since they’ve inherited issues as well. 

I was wanting things made right, but after waking up I realize “that” will never happen. I can’t handle this because the “right thing” is not part of it. It’s gonna take a team of experts, the media, and time that I don’t have. Maybe lots of time, and another stroke or condition won’t wait for the VA. They’ve had 47 years to mull it around, and despite the claims, begging for help while still on duty, to the present day manipulation and with the BVA, I am done. No single lawyer could win this in my opinion, so there is no way I would attempt to represent myself. They are forcing me to loose a lot, give up what I never got, and for almost half a century deceived me over and over and over, without giving a xxxx about me or any member of my family.

I think there is more to this than I know, more than any—-one, knows.  This shouldn’t be such a big deal, so secretive, so mysterious, so hidden and covered up for so long. I really don’t get it, but something is very wrong, and always has been. Thanks Solo

vr

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4 hours ago, Buck52 said:

Victor Ray

you might want to call into the hadit show tomorrow evening a retired senior rater will be on with Dr Bash & Ask Bill about your situation?

Dr Bash and Bill Creager will be our guest speakers, These 2 are very important cogs in the VA claims wheel. 

To call in and ask a question: dial 347 237 4819

To listen, http://www.blogtalkradio.com/haditcom/2018/10/18/hadit-podcast-featuring-guest-speakers-dr-bash-and-bill-creager

Buck.

I don’t think I should call in. I think I had better get the NOA on record, and stop wasting time. I plan on listening, but it’s out of my hands now anyway and I need to get the records in order and write some things down for others. Nothing I say or do would make any difference. 

I may up and call, but I’m not figuring on it. I hate hearing how the VA can twist the entire scenario to make the victim be guilty of getting injured, ill, or diseased, and for being in any situation where it could even happen. The victim violated some article, rules, or regulations to be damaged, there for the VA is not responsible. I was told the Army is not part of the VA, so any issue from Army service needs to be taken up with the Army. 

At this point, the VA’s purpose is to make sure no settlements are to be made before my death, so my family will never see justice, and you can bet your life I won’t. All this pretense of caring is a show for themselves, those that run the VA,  the superiors with power over the law, those that have the power to change-alter-hide what ever they want or need to in the interest of benefiting the government. 

I probably shouldn’t call Buck because I would say something that would offend someone in some way, I’m sure, but I may. I will listen for sure, but I may. Thanks for the reminder. I really appreciate the link and the number. Thanks to everyone!

victor ray

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If you had the money, then you can pay for your own Independent Medical Exam instead of relying on the fee-based dermatologist exam from the VA. Most people cannot afford it.

It is the most crooked system set up by highly paid attorneys and crooked doctors on the take writing up false medical exam.

Edited by Solo
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  • HadIt.com Elder

I understand Victor

I also think you have got some wrong information.

Being sworn into the US Army and doing your  time and get an Honorable Discharge is what starts this whole process to injury or sickness...its called Service Connection. and doing an old Vietnam Dog this way is a disgrace to all our fellow Vietnam Veterans.

And in your case  the VA has screwed you every way they can (or think they can), and on that last show you did call in I don't think they gave you some good answers  or  on some things that you had already tried......I didn't think you got a good answer to your questions?

I would ask that rater what happens when they hold your records like they have ?  what happen to the Duty to assist? let him know you have a letter from the VA holding up your records...the one you showed us here on hadit.

Ask that rater how you can send in your evidence  WHEN the VA is holding it and will not release your records.?.what is your recourse? do you file CUE on all of it? what??

Send in a Writ? what?  Ask Bill what can you do to make the VA take Notice? and all you have did.

Yes  Victor send in your NOD ..get your Appeal time line on track...If you filed claims on all these conditions that you have  from Vietnam and some are presumption from the Agent Orange...that alone is reason for a claim..but them holding your records I'd love to know what a Retired 30 year senior rated has to say about that. and what can be done about it?

....Remember this is your claims were talking about here your well being...so its your time on the show when you call in..if they interrupt you just say  excuse me  but here is whats happen...you can cut through a lot of it but get direct to the point speak up loud and clear that will make them listen to you a lot better be firm but not rude.

 Dr Bash has been around a long time also, he is good about medical and some of the Regs...but the main guy on the show is Bill Creader  the Retired Senior Rater.

Or ask John Basser  or Jerreal Cook thier opinion.?? Hopefully Alex will be on and Ms Berta  Yon need some answers and you need them Now.

If you have taken medical test over the last 30/40 years or so  from private Dr   you need to locate all these medical records, Dr bash could possibly help you out there...but the main thing is  when the VA holds all your medical records and will not release them to you   then to me that's reason to CUE them or Ask them to CUE them self (I know you would love to use the F word here  but better not  eh!

but I' and others would love to know what the Rater information would be?

I don't want to pressure you into something you don't want to do  and calling in is pretty stressful for you ,I understand if you don't...  its just all free information and if you get the right information on the things you need to do will speed up this process.

if you call in you might have pen and paper handy to write down some of the information the Rater will give you   Like Names,  emails/phone #;s  ect,,,ect,,

Its your Choice Victor.

Good Luck my friend.

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  • HadIt.com Elder

Victor please don't forget  when we CUE the VA  we lose a lot of due process laws...there will be no duty to assist and if in doubt 50/50 the call goes to the veteran is also wipe out  and a lot of our due process laws are take away.  its strictly concrete medical evidence and dates that you need  with CUE's

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Ok Buck.

I’ll set my alarm and plan on calling in tonight. There was “0 duty to assist” help in 1983. I did not receive any help from the VA in anyway in 1983. The military did not want me having any records. They got the requests, but sent no records. A January 11, 1983 NOP note gave the authority to defer all Agent Orange claims. Mine was as well. 

I requested my medical records before being discharged and was told by Army Authorities they were lost. If I would have been given those medical records from hospitalizations in Vietnam, I could have proven while still on active duty that my conditions were directly 100% acquired on or made worse by active duty service. The simple truth is they began on duty because of toxicities. The Army caused it, simply put, but the VA has denied they were ever mentioned in the service, but I have some of the documents in hand that do, but the Army was sneaky back then, and still today deny their own evidence. Especially with experiments done on service members. My medical opinion means nothing, and there is no such thing as a benefit of doubt, or a tie going to the vet. That’s a myth, created to give us the impression of fairness in decision. It’s total meaningless bull. 

Pits like the Atopic Dermatitis I was awarded after it being in plain sight on record as beginning in Vietnam, discovered on May 26, 1971 at the 24th Evacuation Hospital in RVN. I told them for a hundred years and after looking at it for 47 they gave me the “benefit of doubt (choke cough puke). That’s their way of saying “see how great and just we are to you?”

It’s absolutely a CUE, but much, much worse. It was intentional and that should be penalized very very heavily with damages and corrections to other vets records. Another NEHMER, of sorts. I will call tonight. 6pm central time right!

victor ray

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