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]

27 minutes ago, Solo said:

I didn't have a diagnosis or received treatment in service. I used the presumption to get approved. This is how many veterans get approved. I will take whatever they give me. I got bills to pay which aren't going to pay themselves. 

Solo,

what presumption would that be?   You have your records because you were only in one place, but i’m afraid you lost me. What presumption would apply to you?   Yes, I have bills too, and always had to pay every one myself. The VA doesn’t communicate very well. They send forms. What presumption are you talking about?

[Solo]

I applied under the PTSD presumption, but got approved for Major Depressive Disorder instead. I was denied PTSD.

[Victor Ray]

I am not aware of this presumption, and have never heard of it. Can you point it’s authority out? I’d like to look it up, but I have PTSD, and permanent physical brain damage. You said it was a new presumption, right? I had a stroke in service from malaria, but they have buried the evidence and only a lawyer can get the records in a malpractice suit, from what I understand. Can you point out that authority, regulation, or where I can find it....Thanks

vr

[Solo]

https://www.hillandponton.com/ptsd-presumption-important-va-claim/

The 50% more likely than not occurred in service. You don't even have to prove 100%.

Edited October 22, 2018 by Solo

[Victor Ray]

Thanks Solo.

the VA laughed at me spending six weeks in a rehab facility in Chicago, 1974, several attempted suicides, because they knew my brain was physically altered. It knew I was ate up with parasites that altered my DNA, or the Dioxin altered it, so they will have me have me die before admitting a daxn thing. They have laughed and snickered at all Vietnam Vets all of our lives, and will continue. I was 22 and a mental wreck from their experiment, and when combined with Dioxin ingestion and encephalitis from parasites, I had to have a stroke. My carotid artery was completely occluded and they couldn’t wait to get rid of us. Thus, the voluntary Army. 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, say I had NO SERVICE IN INDOCHINA, say I never complained in service, say I was never treated or diagnosed with any of the claimed conditions and that there is no records of any of the claimed issues. The BVA even says this basically. Some people like the St. Louis raters like Maureen or Moe, and VSOs like Dan Kanabe and Joseph Braun are deleting or destroying evidence or manipulating it in some way, but I don’t believe the BVA is getting all the truth.

Something is rotten in St. Louis and stinks to high heaven. There are some very dirty people there, and have made a career of screwing us over. Everyone there should be fired. All the government in St. Louis is corrupt. America is done I think. There is no honor in government. I’m afraid we have lost the honor that held us together. Shameless! 

They have my number, if they want to chat, or lawyers can work it out. I don’t care either way.

vr

[Victor Ray]

Solo.

I don’t care what they do now. They’ve lied so many times and denied “everything that’s documented”, while using the Deliberative Process Privilege to deny my family the benefits they deserved, and they will keep on lying and keep on denying as long as the corrupt St. Louis machine is running is running the VA. America doesn’t need enemies because we have the VA to get rid of our vets. We have been sh*t on for nearly 50 years, and I hope these employee’s kids and grandkids get the same treatment they gave me and my kids. I hope they say to these employees, you never worked for the government and there is no record of you ever working for any government at any level. Produce your pay stubs from 50 years ago as evidence, and the bank transactions, buddy statements that proved you worked “where in St. Louis”? No one remembers you there! We don’t believe you. You get no benefits. Your age or health has nothing to do with your ability to come out of what you thought was government retirement, because you aren’t entitled to government retirement. You have to have worked for the government to get that, and we can’t find those 50 years you say you were employed by the VA, so, “DENIED, lol, DENIED “. You are denied. We need evidence you worked for us, and we cannot find one single hour worked for the federal government. 

Sorry for rambling this nonsense, but you see how idiotic the reasoning is. The Army don’t let you lay in the hospital for a month because of dry skin, because of hives, because of a temporary allergy. “Does anyone believe” for one minute that the 47+ years of disability and benefits withheld was because I wasn’t in Vietnam? Richard Cranium Blumenthal received more VA benefits than I did, even if he did misspeak and misremembered, and maybe that’s why he the second richest senator in America. Man he made millions from his salary, or VA benefits for his service in Vietnam. He also got more Service Medals than I did. We need to make a Holiday in Connecticut in honor of his service in Vietnam. What a great guy and representative of Connecticut Vietnam Veteran’s, where they greatly support him. 

Does anyone believe the evidence was accidentally withheld since 1971? Does ANYONE believe that dryskin causes CAD? How about strokes? Maybe it occluded carotid arteries or atherosclerosis? Would you believe  lung atelectasis or blood coagulation disease? Maybe it causes a painful prostate (BPH at 19 years old) or connective tissue disease? Possibly the Brain Hypodensities like  I have? 

Maybe we should not focus on Chloracne, PTSD, heart disease, peripheral neuropathy, connective tissue disease and refocus on dry skin, because it seems worse than the others. I happen to have all of them, but that dry skin seems to cause more problems than Dioxin. 

It seems the Army doesn’t know what Dioxin does. President Trump just said in Texas at 8:06 pm Central Time, that those people mistreating our veterans Mitzie Marsh, that they will be fired. I am going to send him my medical records and a letter asking him his opinion. I want to know if he thinks I am right to say I was ill in Vietnam, if dry skin caused my conditions, or is it more likely than not a Tropical Disease and if I was possibly exposed to Agent Orange, and if it’s possible, why were my records withheld all my life, depriving me of all medical care, all medicine, all C & P for myself and dependents. President Trump just mentioned THE ALAMO, where my ancestor Isaac Millsaps of “Gonzales’s Immortal 32”. The genealogy is traced.

The liars in our government and our country is out of control, completely. Facts and evidence mean nothing anymore. If the VA don’t like it, they just hide it or blatantly deny it exists. Corruption is running rampant and the examiners have one agenda in Kansas City anyway, and it’s lie to deny. I’m sick of the good laws created for fairness being perverted by the nuts running the VA, and they need to be fired. 

Sorry if the truth being said offends some,  but they didn’t lose anything.

vr