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]

Victor,

Are you still 90% service connected? 

I am 70% MDD and TDIU. I also get Social Security disability. I served less than 5 months in the Air Force.

Edited October 19, 2018 by Solo

[Buck52]

 Victor Ray,

 just know I am rooting for ya buddy and I hope you get everything you deserve back to 1971 or when you first filed your claims.

your bound to win   its when is the question?

Hang in there my friend.

 

[Victor Ray]

Solo.

yes, I am still at 90% and have been for about four months, I think it is. They put me there before the BVA denied everything except a “0% SC Award” for atopic dermatitis that BEGAN IN VIETNAM, which they denied knowing about for 47 years-2 months-14 days. The government documented it and dozens of raters in St. Louis, Atlanta, Omaha, Waco Texas, and Washington DC looked at, while the DRO in St. Louis thought about it, and the Disability Board looked at in 1983, and not one VA employee realized that The Atopic Dermatitis that began in Vietnam continues today. What, 30 to 50 of the finest and brightest think it cleared itself up I guess. Didn’t any of the lawyers see it even after I pointed it out hundreds of times? It’s these kind of life altering fibs that destroyed my life and family while they all have drinks and discuss how they F’d me over. What a bunch of POS.

I have been totally disabled with Social Security for almost nine years, following a bad stroke. That’s when they discovered my left carotid artery was completely and severely blocked and inoperable. A very old blockage extending from my neck deep into the skull. I didn’t realize I had also had a stroke at 19years old while on duty at Redstone Arsenal Alabama, five or six months after battling malaria or the chemical used to experiment on me with. Direct Dioxin injection I guess to make sure I was a good little control subject for the next year, unless I died on duty. 

When they scanned my brain during another stroke, they found an old basal ganglia infarction. It was almost forty seven years old, about the same as the left anterior carotid artery’s age. A lot of coincidences, diseases, and various strange medical conditions, all in less than one year after arriving in Vietnam. 

The carotid artery isn’t even there anymore. It’s so old it has been absorbed into the muscle, beginning about forty seven years ago. The Army probably knew down to the week when the artery would close, when the stroke would occur, and that the VA had already ordered the phony losing of my medical records to protect the government in its coverup of Agent Orange. It’s amazing, and it’s shameless.

[Solo]

Victor,

Did you ever applied for TDIU? That is a lot of benefit money you are losing.

[Buck52]

Victor

Only one more thing I can think of that I forgot to mention to you?

if you can get buddy statements from your unit while in Vietnam, buddy's that you knew pretty well your name and little bit about you...if you could possibly contact any of them to validate your location and seen you sick ect,,ect,,, they can give their testimony to help you substantiate your claim or prof of what your telling the VA.

I know its hard now to contact old buddy's from Vietnam now days and its been almost 50 years ago   but if their still living you may want to give that a try? but go ahead and send in your NOD and any evidence you have  the sooner the better.

Hope you did/do find your self a good experience veterans attorney one that will fight tooth and nail for ya.

[Victor Ray]

11 minutes ago, Buck52 said:

 Victor Ray,

 just know I am rooting for ya buddy and I hope you get everything you deserve back to 1971 or when you first filed your claims.

your bound to win   its when is the question?

Hang in there my friend.

 

Buck,

I’m a deadman walking, but I appreciate your encouragement. I have already lost, so what happens from here on out is what ever the VA wants it to be, and I’m sure they have already informed everyone that needs to know what the result will be. It was all figured out 47.5 years ago what it would be, depending on how long I survived, and should have expired by now. I bet they are disappointed, but they still win.

Every year the retro pay is worth less and less. In 1971 a Z28 Cameron was $5100, with the options and a monster 402 cu., poi’s rear, and today it’s about $70K. 14 times increase so basically today’s money is worth 1/14th of what it was in 1971. The VA makes a killing treating vets like this, paying them with a fraction of what’s fair. Veterans always lose, “ALWAYS LOSE, and can not win, not yet!.

i think if anything, the bare minimum should go back uptown the day I left Vietnam, every benefit my kids lost out on, reembursement for every cent we spent that the VA should have paid for, and some extra, for all damages, pain & suffering, and extra for it all being intentional.

thats the way I feel, but we will see if any firm has any guts or are hooked to puppet strings. 

Thanks Buck.

victor ray