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]

You highlighted and underlined that it is for medical malpractice lawsuit. Isn't your claim for  100% VA benefits. The Feres Doctrine prevents active duty military personnel from suing for medical malpractice against the Army while serving. They don't treat it as a medical malpractice lawsuit. It is treated like a claim for benefits.

If you sued Army in a medical malpractice lawsuit, then they will invoke the Feres Doctrine. There is a statute of limitation also for medical malpractice lawsuit which has passed by several decades. Their spouse and children can sue the Army in a medical malpractice lawsuit, but not the active duty military member.

Edited October 22, 2018 by Solo

[Victor Ray]

The VA is hiding the brain damage results in about every Vietnam Veteran.

Every person that set foot in Vietnam or drank one cup of water from cycled Vietnam water or ocean water from 150 miles out  or closer should demand an MRI. EVER VIETNAM BLUE WATER NAVY VETS should demand an MRI, or if you set foot or touched any aircraft craft carriers, destroyers, or any piece of equipment, machinery, clothing, food, medical supply, or you were married, had family, they all need an MRI.

Who would believe the military. The 310 day average for a DRO , is easily twice that at minimum. The 13 to 30 months for a review is easily 5 to 7 years, 3 or 4 times what they say. They told me that Agent Orange does not cause one single disability, none. Why shouldn’t I believe them? There is no way they would ever lie. They wouldn’t inject syphilis into airmen and just let them rot in the name of science would they. They wouldn’t slip LSD to us and not tell us would they. They wouldn’t have our VSO’s threaten us would they. They wouldn’t let over 300,000 vets die waiting for resolution would they! They take care of their vets, and their offspring when they are mutated from deadly chemicals, and they keep us all informed and treat us as soon as they can, even if it takes 50 years. They would give us new brains if they could but Dioxin doesn’t cause tumors or cancers and we know this because they said so. They would not lie.

victor

[Solo]

They want scientific evidence if it is not one of the presumptions. You got people who never even serve got approved with fake DDForm214. People could probably get fake medical records from a doctor stating they have one of the presumption. They got veterans faking they are blind and others who can't use their hand or feet.

Either you hire a doctor to diagnose you with one of the presumption or hire a medical expert who has scientific evidence with years of research.

[Solo]

Agent Orange and the presumption was recently passed as a service-connected disability. The VA is not going to back pay benefits 40 years for Agent Orange. 

Edited October 22, 2018 by Solo

[Solo]

The Agent Orange Product Liability Litigation paid out a settlement with an average of $3800 to each Veteran for the class action Agent Orange lawsuit. The time to register as part of the class action is over and they already fully disbursed the settlement money. 

https://www.benefits.va.gov/compensation/claims-postservice-agent_orange-settlement-settlementFund.asp

Edited October 22, 2018 by Solo

[Victor Ray]

I am not active duty. It doesn’t matter what I want because the VA never had any intention on granting anything at all. They have sat on my records for almost 50 (FIFTY) years, they told me they were lost, they ignored 20 FOIA Requests, blamed my conditions on syphilis but their own tests showed negative every time. They did not do anything to help my Respiratory infections or Group A Streptococcus with Pharyngitis which is Rheumatic Fever and when you have that, the URI, the GAS with Pharyngitis, and prostatitis when covered with mosquito bites, pain behind the eyes with parasites in them, you can almost bet it’s malaria, especially when the urine is bloody and the liver is out of whack, diarrhea,  blood dots are all over. 

When you’re broke out in acne around the eyes and temples, and blistered hands with rashes all over, swollen legs ankles and arms, and inflammation with thick large wheals on your trunk, back, chest, with bone pain, leg pain, abdominal pain and cramping, it’s not Atopic Dermatitis. It may have been Agent Orange. They don’t evacuate you for dry skin, and Chloroquine wasn’t the only anti malaria drug they had, and I wasn’t allergic to it either. 

No, back benefits? What’s that? You mean $400 a month for 1971, $425 a month for 1972, $475 a month for 1973 and so on? That’s what they want isn’t it. Pennies on the dollar. 

I never got any records to sue with or even file a claim. There was a surprise board held in Alabama in July 1971,  and I figured out it was a medical board when it was over. I didn’t know it was going to take place, or what I needed to do, or anything at all. Totally in the dark, and had no notice, no idea that there were any options, had no records to look at, didn’t know if it was a court marshal or a medical board, but it didn’t matter because I was uninformed and didn’t get any legal assistance or advise, and I was ill, and didn’t understand what they wanted, or what I could do about it. 

Turns out it was already decided what I would do. Plans were already in place and the “HOME AWAITING ORDERS “ was done and I DID NOT EVER STABILIZE. I deteriorated continuously, and all the regulations were worthless and still are in my opinion. 

STATUE OF LIMITATIONS? What the hell is that? When was that created? Probably in June 1971 when the Army started the one year clock, or when they gave me the benefit of doubt and allowed it not to start until April 21, 1972 when I had my first civilian day. Well I requested my records and the Army’s response was the records were lost. The VA had them in 1983 as the BVA correctly stated, but withheld them from me. According to the BVA “”THE EVIDENCE CONSIDERED AT THE TIME OF THE JUNE 1983 RATING DECISION CONSISTED OF THE VETERAN’S SERVICE TREATMENT RECORDS,  AN APRIL 1983 DERMATOLOGIST’S LETTER, A VA AGENT ORANGE EXAMINATION REPORT, AND THE VETERAN’S LAY STATEMENTS. The VA established that it did have my service treatment records “in hand at that time”, yet my request for a copy was unanswered, and we both have the request. 

Yes, I just wanted service connection at the time and any compensation due, but the fee based dermatologist withheld information concerning my lung condition or the VA altered the report or both. Nothing is beyond belief. My requests in 2012 got no medical records, and the other 15 or 20 didn’t either. In 2015 I did finally receive some treatment records from the 21 days I was hospitalized in country on Vietnam soil, yet I need someone that saw me in the hospital, ill, while the other 2 to 3 million do not. Why is that? Why is a buddy statement considered more affirmative than the Commander of the entire medical facility’s Testimony? The largest of all our overseas medical facilities! 

This is the kind of stuff that makes every veteran question every word the VA prints, posts, advertises, or states in any form of media. WTH is wrong here? I have been lied to, deceived, manipulated in about every conceivable way, and run around for 50 years (for figuring purposes like the % awarded). In a few more it will be over 50, so we can round it up to 100 years, right? 

If nothing else, it will show what I just said about the runaround. How can the VA refuse “any medical treatment to any veteran with a condition that’s even remotely due to parasites, toxic chemicals, or unknown causes?” Justify letting a veteran’s condition(s) to deteriorate to the point of death!!! I want an answer from Sec. Robert Wilkie, from President Donald J Trump, VP Mike Pence. I  just wanted what was right for myself and my family, but I can see that there is not now and never was any intention to do the right thing. The last five years (from March 2014) have been almost a waste, from the time DAV’s Dan Knabe and Joseph Braun trashed my claim to now. 

I have been writing for years, and it’s eaten up my life, wasting it. All of this was unnecessary, but maybe fate made this happen to open the VA’s eyes. I won’t live to see this end I am sure, but I will not sell out my family. I lost my first family and the Army caused it. I had brain damage and the Army was 100% aware, but hoped I would go off and die like an old diseased dog.  Tomorrow I will send in my NOA and wait. I am done and just a lay person, not knowing what is good or what is much much better. Can you tell me? I wish I had a say so, but I never have had. This time I will. They have my phone number and I haven’t talked to anyone yet, or the VA can wait, it doesn’t matter. I am leaving some video instructions for my kids, so they aren’t lost after I pass away.

victor ray

PS. I sleep in sometimes because I still have sleep problems, which also started in Vietnam. I know they say I slept well in Vietnam, because we all did, like babies. I slept 20 hours a day sometimes. Thanks