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]

The duty to assist can't help you if the records are destroyed or they can't find it.

https://www.va.gov/vetapp17/files1/1702632.txtl

You would need a medical expert to provide a casual link to your service. Most people cannot afford to hire a medical expert.

https://www.google.com/url?sa=t&source=web&rct=j&url=https://m.youtube.com/watch%3Fv%3DXh6NH1WS6I8&ved=2ahUKEwjLrv6zt5DeAhUB2lMKHYutBbkQwqsBMAB6BAgJEAU&usg=AOvVaw34vWRHISePXxOqChV6U8ZE

Edited October 18, 2018 by Solo

[Victor Ray]

Solo.

the records were never destroyed. I was just told they were lost, and that was six or seven months after I returned. I came back June 11 1971. My first records request was in January 1972, and in February 72 they said they were lost in transit from Vietnam. The next one was in 1983, and I got no response at all, although I had filed a claim and requested records again. From February 2012 on, I have requested my medical records, and the last couple years been told “they are being withheld which if released would fall under the Deliberative Process Privilege.” The VA has been anticipating litigation since I was discharged. 

I finally got some of the hospitalization records from treatments in RVN in 2015/16, but not those showing the stroke, migraines, names of parasites in the eyes, lungs, blood, the chemicals I was injected with in RVN.

no, they weren’t destroyed or they wouldn’t be withholding anything. Other countries would just execute you for asking for your evidence, and I am thankful this is America.

[Victor Ray]

On 10/10/2018 at 8:28 AM, Berta said:

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/

 

 

 

Berta.

thank you for posting this. I can relate 100% and have been treated for bone degeration for many many years. I also have Spinal Srenosis, and many other conditions as documented in my service records, but the VA and recently the BVA just ignored them. 

I have been misdiagnosed at least, very minimum, a dozen times while on duty. I can’t name them all now, but some are blatantly obvious, and the VA has just used up my life running me around. One instance is six or eight months after being released from the infectious disease ward, I had developed Group A Streptococcus with Pharyngitis which became Rheumatic Fever. I repeatedly over and over sought treatment for dozens of conditions but it seems they were just watching to see how sick I could get without dying on duty. They did not treat me like I was ill, despite repeated clinic visits, having to stay in quarters, or rehospitalization. 

I can not believe the level of care furnished to us in 1970-1972. It’s as though they were all nurses in training and not one bit better. Even though the results stare them in the face, they had no idea what to do. “Ok, the guy has Rheumatic Fever, we know it, but we weren’t trained beyond that so just see if he gets better. No blood pressure in this guy, so he must be ill from something”. That seems to be it. Seriously, they did not have a clue what any parasitic diseases were, or lysis from malaria, and don’t have to answer for it. That is what’s sad. 

I’m not anti-VA either, but I am anti-deceptive practices of the VA, don’t agree with any of their supervisors ordering record destruction, manipulation, altering documentation,  or withholding evidence that would vindicate the veteran. I had already been ill six years when Brian Tally was born. It’s beyond tort claims I think. The VA has to be corrected. Thank you! 

Victor Ray

[Victor Ray]

I don’t trust lawyers either. I wouldn’t doubt Tally’s lawyer sold him out, and I would almost bet money on it. The lawyer scared him, like they usually do. They say hey bubba, if you pursue this you have less than 1% of winning. They will throw it out then you won’t get “anything”, but worse that that, I won’t get anything for the full 18 hours I put into this”. That’s my opinion. My brothers mother in law lost two sons, his two brother in laws in a train accident at the same time. She got nothing even though the unmanned caboose a half mile away backed over them. They were trespassing while crossing over a trestle to go fishing.. 

[Victor Ray]

12 hours ago, Buck52 said:

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

Buck,

I did not know that. I know less than I know, lol, if you know what I mean. When I learn a good thing about favorable vets claims I also see where the same claim is denied by a different judge. It’s who you know pretty much, apparently, and where you’re located. My claims were handled in St. Louis, Mo, Atlanta GA, Omaha ? Nebraska, Waco Texas. Waco said I never complained in service. With this being such a mess, it has to involve secret stuff. 

I know I sound against the VA most the time but I am not at all. If anything, I have been patient. Way too patient, way too trusting, way too believing that the right person would see the issues, the evidence and step in to resolve this, but it’s not going to happen it looks like. 

They screw me either way no matter what. Imagine the interest on a 100k on the money market for 47 years, or imagine the interest they made on not giving me the millions in benefits and C & P all these years. The VA, after the Army shafted me, took their turn and made it impossible for me to get to the cause of my conditions, or documents that actually name anything. There are at least three different things being done in my situation. 1.Unspecified cause of urticaria, 2.undetermined organisms, medical conditions not connected to VVets yet.

With any settlement, I loose any future benefits until the VA recoups all of its payout. I have lost over 47 years of what I can’t get back or enjoy, and all because of the untruth.

victor Ray

[Solo]

I think Tally definitely got screwed by his lawyer. The VA is going to recoup all that  FTCA settlement money including his attorney fees from his Section 1151 claim.

The only one who came out winning was his attorney. Tally got a pay day advance with a 20 percent penalty for attorney fees.