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/

 

 

 

[Gastone]

Solo, you seem to miss that AO wasn't given and credence until many years post-NamAO Scheduler Exposure. Only the "AO List of Accepted as "AO Supportive Desiesas."

My head is only working on 3/4 fuel right now, so cut me some slack.

If a Vets DX is not necessarily listed in the AO Presumptive List, that does not stop the SC Claim from been alleged to be a "Direct Award Claim," with supportive MidicalEvedence indicating that the immediate Nam's exposure was "at least as Probable to another Medical DX exposure." A New Direct SC could be Awarded without the AO Presumptive Auto.

Look how long Squids that spend their Ship Nam area way out to say, not even in vision of the Bays or County line, still no luck for an AO Presumptive. They weren't Brown River or even early to Bays. Getting off in Nam, only for an hour or a day, for only a verification, got a "Foods on the Dirt/Nam" and put them in punch for an AO Presumptive."

[Solo]

I doubt that they can even go back to the 1983 decision because it wasn't  appealed.  He has to continue the appeal the decision through the appeal process BVA, CAVC, U.S. Court of Appeal Federal Circuit, and finally the Supreme Court. It doesn't take 35 years for the CAVC to hear his appeal of the BVA's decision.

He keeps on reapplying which starts a new date of entitlement. They are not going to pay him back to 1983 because he didn't appeal the decision.

Edited October 23, 2018 by Solo

[Victor Ray]

2 hours ago, Solo said:

I doubt that they can even go back to the 1983 decision because it wasn't  appealed.  He has to continue the appeal the decision through the appeal process BVA, CAVC, Federal District Court of Appeal, and finally the Supreme Court. It doesn't take 35 years for the CAVC to hear his appeal of the BVA's decision.

He keeps on reapplying which starts a new date of entitlement. They are not going to pay him back to 1983 because he didn't appeal the decision.

You are wrong Solo.

Thats  “three to five years” anyway, not 35. No, I do not keep reapplying for the original claim, but I am claiming the conditions in every way I can, so they can understand what the claim is referring to. The raters are suppose to figure out the closest condition that is eatable, but they can’t get it. It’s over their heads when it’s simple.

The VA can do what they want, and that keeps getting missed. My records were supposedly lost in 1971, preventing a claim then at that time before discharge. I requested the records in 1983 and  the VA never responded to the requests for records, so again I had nothing to work with. This was no accident. They intentionally withheld the records, and in the last few years have told me why I never got any records in my requests. They fall under the Deliberative Process Privilege and are withheld in Anticipation of Litigation. NONE of my records were ever lost for one minute. They were always guarded carefully, SO THEY WOULDNT BE LOST!

1: if I had access to those records I could have filed before discharge in 1972. 2, if they would have given me access to those records in 1983, the claim would have gone back to the day I left the WarZone. 

After another 20 FOIAs they sent a letter saying flagella that “ theft were withholding all evidence which if released would fall under the Deliberative Process Privilege. Two years later I got another letter basically saying the same thing. 

Heres the point. I would have filed in service for disability and would have been granted, no doubt, regardless of Agent Orange knowledge. I had the disabilities, whether from Liver Flukes, parasites, encephalitis, or jelly bean poisoning. They remained constant and continuous since Vietnam. The one year appeal for 1983 was held up waiting for the service treatment records. The VA used them in their decision, but again, refused me access to them for an appeal. That’s, 12 years they were supposedly lost, but were withheld, no matter the case.  I did not know and only now found out that the VA had those medical treatment records in their possession, but withheld them from me. WHY? Why did they withhold them. Sounds pretty manipulative to me and any court will too.

it took 45 years to get any medical records. The one record I did have was basically Greek-Latin to those interpreting the DA3349 with the P-3 Profile, and meant nothing to them. It was the medical board proceedings issued in Vietnam, and way over Their understanding

My medical conditions occurred on duty, directly in service, while on duty, but you are not understanding that it seems. I don’t need a nexus letter to show them beginning in service. They are documented as directly beginning in service. I then showed the current situation and disabilities, so I proved they began or were made worse in service, and are still happening, still active. I did no wait 50 years then apply as the VA lets on. They have lied about everything, but the benefit of doubt going to the Veteran is pure bullish!t. They never accommodated me in any way. They were hiding massive lawsuits, Billions being paid out in damages and I was a piece of evidence. 

They tampered with the evidence, hiding it, manipulating it, threatening it, but I don’t give a sh!t and that makes the difference. I’m gonna prove the VBA intentionally tried or did influence the outcome of millions of claims by lying about the evidence they intentionally hid, altered, or still sit on. I knew it would get ugly.

this whole long process is designed to kill veterans before they ever get their justice. All these steps in the process are there to eat up our time on the earth. I have trying to be heard and asking for help since January 1972, when it was obvious that the Army had no clue what to do. They couldn’t even figure out the swelling in my legs, ankles, arms, the acne like eruptions around my eyes, blisters on my hands, nothing. 

The reason for all this manipulation is my conditions after Vietnam show that PTSD & BRAIN DAMAGE are directly connected, period. Was it the Agent Orange or Malaria, they are not saying, not studying, and avoiding anytime it possible. I am a link in the chain, so they want me to die and weaken the link, period. They will tell any lie they can get away with, and they know that before we figure it out, we are at life end, and don’t have the time left to get the truth out. 

We have to educate the young vets just now entering service what the VA will do to them, and how to prepare. 

vr

[Victor Ray]

14 hours ago, Solo said:

They only started awarding benefits for agent orange after the Agent Orange Act of 1991. Your decision in 1983 is not compensatable before the Law became effective.

https://www.nolo.com/legal-encyclopedia/disability-compensation-agent-orange-vietnam-blue-water-veterans.html

 

 

 

Solo,

maybe we can petition to revamp that law to be correct and retro. So the guys infected in 1964, but didn’t show symptoms until 1966 just got killed and didn’t have a chance. Let’s see 1964 to 1991? He had to wait 27 years before the VA would help him? I totally know they would do that, only if forced, and never on their own. 

If you wiped the seats off of a C123 that was here in CONUS, but used in Vietnam, even in 1990, you get service connected for any of those presumptive conditions, but if you were hospitalized a month in Vietnam for skin and organ conditions that have an illusive undetermined cause, and deteriorated from the time you were hospitalized in 1971 to present you are denied because your records were lost and you couldn’t appeal. That’s what you are saying. If I filed after the C123 seat wipers, I could get SC right? So, you give the government the first 20 years you suffer, and then you might get connected in your deathbed. Right. It’s a pretty good RACKET ISNT IT,

Victor Ray Sellers

[Buck52]

As for as I know there's no limits  (years) to refile an appeal.

read this link about a Veteran won his  appeal claim  they went back 10 years that netted him  $$500.000.00  not a bad payday.

https://www.stripes.com/vet-s-denied-claim-granted-10-years-later-for-500-000-1.237631

[Buck52]

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/

Edited October 23, 2018 by Buck52