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]

Buck.

this is what I don’t understand really. I don’t think proving I was sick would do anything at all because they know that already. The have every record I have. They sent me a few of them and I sent them the ones from the NPRC showing me being hospitalized from May 18 1971 in Vietnam to Release from GLNavy Hospital on June 14 1971 (28 days straight) then again in January 1972 and Feb 1972, besides clinic visits. They know I was sick.

they have records from the 3rd Field Hospital Saigon, the 3rd Surgical Hospital Bien Thuy Vietnam , the 24th Evacuation Hospital, Long Binh Vietnam, Yokota Airbase Hospital Yokota Japan with lab and test results are all missing, the Great Lakes Naval Hospital, and the RSA (Redstone Army Hospital. 

It is so pathetic that the VA don’t trust their own doctors, isn’t it? I mean really, isn’t it pathetic? Do they think I forged them? I would have to know a gazillion things to pull that off, and if I was that smart I would own our defense system and lease it to America, when I wasn’t busy running GOOGLE. Simply astonishing, and they thought us vets were the paranoid ones. We are the only ones telling the truth it seems. 

Maybe I do have a few friends that saw me in the hospital that I was lucky enough to run into in Long Binh and Saigon. General Patton’s granddaughter was in Chicago, but she’s busy in Ireland I think. I had a buddy in Alabama that took an RPG THROUGH THE MOUTH” in Vietnam and he got denied too. The lawyers can dig these guys up and it would be good to see them, and he can bill the VA for their flight and other expense. 

There’s one that would remember me 100%, still in my hospital gown, and he said he saw guys in the bush with my condition often, but this was just before I was headed for Japan in my baby blues and flip flops. He didn’t see the swollen limbs and ankles, bloody urine, the pains in the bones, acne, abdominal pain, my lab results because I never saw them and never told about them. 

I would only bring these guys out in a trial, and only because the VA has gone insane with an obsession in proving it is above all authority on earth given to mankind. They have already proven that the FOIAs do not apply to the VA, and have proven that I have already lost. It is not possible for me to get the 47+ years that we’re lost back, but maybe my living offspring won’t lose.

they want 6K for an add, but an interview is free, but yes, I need to send the NOA off Monday, and try to figure out why they don’t believe their own people. They don’t trust themselves, and probably the people they sleep with and work with. Not their own parents or children. I thought my life had been screwed up, but I have hope, and they have nothing.

thanks Buck.

victor ray

[Buck52]

Yes I understand, its a crying shame your put through all this needless mess..

I think Alex Graham could help you but he is soooo busy...he can get on the VBMS RECORDS SITES and find your records   so can a  Veteran certified Attorney,

but Alex would look and fight his way up until they renig on a lot of this.

  Records don't lie and that's what you need to prove your claims...not sure where all the hospital records are from Vietnam but there suppose to be sent to NRPC in St Louis and Ft Knox or your state Capitol bureau of Military records .

yes I agree you do need a good  Veterans experience Attorney to help you with all this.

[Victor Ray]

Buck.

I posted some of the records on here. Like I said, the VA acts like they don’t see them. The nurse practitioner that wrote up my exam at Excelsior Springs took the records as I handed them to her and turned them face down without losing eye contact with me. She never looked at the evidence, the records, the proof, the nexus, and it was 100% intentional. She intentionally avoided eye contact with the record, showing her intent to discredit me as presenting any evidence. This is criminal crap they are doing now. 

Maybe she caused the other Stroke because I was so upset at knowing she rigged the exam. Isn’t it illegal for an examiner to “fix” an exam, let alone a C & P exam (that’s nearly 50 years late)? Isn’t that racketeering to rig the outcome of a government exam to see that a veteran is denied benefits? 

You see Buck. You see how corrupt the VA is. What’s  next? Is there anything the VA won’t do? If they can rig exams, buy lawyers, I will guarantee they can buy judges too, and probably do, way more likely than not. The VA has rigged this whole situation for 47+ years and making damn sure it can keep depriving me. My baby girl is 38 years old now, and never saw a dime in any form, no medical, no nothing, even though she inherited my conditions, the chest pains, palpitations, abdominal pain and cramping, and I bet she’s full of tumors. The CHILDREN OF MALE VIETNAM VETERANS HAVE BEEN SCREWED ENTIRELY.

Yes, I need a number of attorneys at least, and probably need several complete firms I guess. The VA proves daily that we have no idea how MANIPULATED the entire disability process really is, and how phony the back log is. It is completely produced, intentionally created specifically to slow down the retro payouts and service connection. It’s unnatural for a hundred raters, DROs, attorneys and judges to look at all this mess and miss something that’s in the record and pointed out a hundred times. 

How can females spend less than six months in Training and get 100% disability rating? How does a vet completely denied PTSD FROM ONE RATER AND VSO then go to 100% with another VSO? Then gets a job with the VSO? 

Thanks Buck and wish me luck finding an attorney. I hope to find one the VA doesn’t own, one that has guts instead of feathers.

victor

[Solo]

Victor,

I spent less than 6 months in training and got 70% MDD ant TDIU. I applied and got approved very easy in just 3 months. They were able to get all my records because I was only at one place from entry to discharge.

Some of the enlisted before me had their medical records destroyed. They didn't have a paper shredder back then and told me to rip up the old medical documents and not to read any of them. Those files were kept in at the administrative building and not the medical facility. Some of those documents are probably from people who will have a hard time proving MST now. I know about this because the psychiatrist accidently gave me a letter stamped sensitive unclassified information on it to give to my sergeant. The First Master Sergeant was looking all over the base for me because the Major wanted that letter.

These medical records cannot be kept in your personnel filed, so they are destroyed. If that is the only copy, then you are screwed.

Edited October 21, 2018 by Solo

[Victor Ray]

Solo.

They don’t destroy documents on personnel that considered casualties, or are tracked with permanent medical disabilities documented. They are kept separate from any service records and that goes for everyone.

They cherry picked my medical records, which is completely obvious. The only lost records are those they want lost. I didn’t believe mine were lost in transit from Vietnam like the letter says, but when you are young, dumb, ill, and too trusting for your own good, you pay for it. 

Like an idiot, I believed our VA government, but just look at the DOJ, the FBI, and now the Treasury Department for what they really are. They would just as soon see you dead. They have let hundreds of thousands of Vietnam Veterans suffer and die, and we don’t know the half of it. The same people running the VA are scamming it on a daily basis, and I bet that over a million dollars a day is stolen by employees using phony accounts by those that have access to direct deposit accounts that raters set up. 

They called me up right after I had filed and gave me the good news that my disability ratings were being increased and I think she said the new claim or claims were approved. I said that’s great but I didn’t claim xxx and didn’t claim xxx, and had never seen a dime in compensation or pension, in fact I was denied everything including getting any records. She didn’t believe me because she was looking at her screen showing my disabilities and amount I had been receiving for YEARS.  

The problem is that I had never been granted any service connection at all, after spending a month in the hospital, being issued a permanent profile for permanent defects in my physical capacity and stamina, medivac’d out of Vietnam under false pretenses because they were lost for a cause of the defects, supposedly, and continuous deterioration all the time on duty after Vietnam, and decades afterwards. 

I think the issue is that they knew they did wrong, intentionally, and there was no doubt about it. They had no choice but to cover it up, no matter how many lies had to be told, or what had to be done. 

What is amazing is that if you only had 5 months, or less, why didn’t they give you a little severance settlement and out the door.  You didn’t get a settlement? I have been hearing of people not even getting through Basic Training and getting 100% disability. I was 100% after Vietnam and got ZERO disability even when the Army documented it, with more than six months active Duty, with 100% Permanent Disabilities being acquired in a War Zone. How ironic! The Army really pulled the big one over on me didn’t they, and it must be the record, or one of them. 

Maybe the President can use my case as an example of the need for thousands of corrupt employees, especially raters and examiners, needing terminated, and replaced. Well, I hope your conditions improve, and I always thought mine would, but they didn’t. They couldn’t. Do you mind me asking what your disabilities are?  Thanks

victor ray

 

[Victor Ray]

2 hours ago, Solo said:

Victor,

I spent less than 6 months in training and got 70% MDD ant TDIU. I applied and got approved very easy in just 3 months. They were able to get all my records because I was only at one place from entry to discharge.

Some of the enlisted before me had their medical records destroyed. They didn't have a paper shredder back then and told me to rip up the old medical documents and not to read any of them. Those files were kept in at the administrative building and not the medical facility. Some of those documents are probably from people who will have a hard time proving MST now. I know about this because the psychiatrist accidently gave me a letter stamped sensitive unclassified information on it to give to my sergeant. The First Master Sergeant was looking all over the base for me because the Major wanted that letter.

These medical records cannot be kept in your personnel filed, so they are destroyed. If that is the only copy, then you are screwed.

 

2 hours ago, Solo said:

Victor,

I spent less than 6 months in training and got 70% MDD ant TDIU. I applied and got approved very easy in just 3 months. They were able to get all my records because I was only at one place from entry to discharge.

Some of the enlisted before me had their medical records destroyed. They didn't have a paper shredder back then and told me to rip up the old medical documents and not to read any of them. Those files were kept in at the administrative building and not the medical facility. Some of those documents are probably from people who will have a hard time proving MST now. I know about this because the psychiatrist accidently gave me a letter stamped sensitive unclassified information on it to give to my sergeant. The First Master Sergeant was looking all over the base for me because the Major wanted that letter.

These medical records cannot be kept in your personnel filed, so they are destroyed. If that is the only copy, then you are screwed.

Solo.

They don’t destroy documents on personnel that considered casualties, or are tracked with permanent medical disabilities documented. They are kept separate from any service records and that goes for everyone.

They cherry picked my medical records, which is completely obvious. The only lost records are those they want lost. I didn’t believe mine were lost in transit from Vietnam like the letter says, but when you are young, dumb, ill, and too trusting for your own good, you pay for it. 

Like an idiot, I believed our VA government, but just look at the DOJ, the FBI, and now the Treasury Department for what they really are. They would just as soon see you dead. They have let hundreds of thousands of Vietnam Veterans suffer and die, and we don’t know the half of it. The same people running the VA are scamming it on a daily basis, and I bet that over a million dollars a day is stolen by employees using phony accounts by those that have access to direct deposit accounts that raters set up. 

They called me up right after I had filed and gave me the good news that my disability ratings were being increased and I think she said the new claim or claims were approved. I said that’s great but I didn’t claim xxx and didn’t claim xxx, and had never seen a dime in compensation or pension, in fact I was denied everything including getting any records. She didn’t believe me because she was looking at her screen showing my disabilities and amount I had been receiving for YEARS.  

The problem is that I had never been granted any service connection at all, after spending a month in the hospital, being issued a permanent profile for permanent defects in my physical capacity and stamina, medivac’d out of Vietnam under false pretenses because they were lost for a cause of the defects, supposedly, and continuous deterioration all the time on duty after Vietnam, and decades afterwards. 

I think the issue is that they knew they did wrong, intentionally, and there was no doubt about it. They had no choice but to cover it up, no matter how many lies had to be told, or what had to be done. 

What is amazing is that if you only had 5 months, or less, why didn’t they give you a little severance settlement and out the door.  You didn’t get a settlement? I have been hearing of people not even getting through Basic Training and getting 100% disability. I was 100% after Vietnam and got ZERO disability even when the Army documented it, with more than six months active Duty, with 100% Permanent Disabilities being acquired in a War Zone. How ironic! The Army really pulled the big one over on me didn’t they, and it must be the record, or one of them. 

Maybe the President can use my case as an example of the need for thousands of corrupt employees, especially raters and examiners, needing terminated, and replaced. Well, I hope your conditions improve, and I always thought mine would, but they didn’t. They couldn’t. Do you mind me asking what your disabilities are?  Thanks

victor ray

PS. Yes, I did apply for “ IU” and was denied, twice. The cardiologist I went to for an evaluation saw me three or four times for a total of five or six minutes, grunted two or three times each visit, told me I am 29 times more likely to have a massive heart attack I could not survive, than anyone else, that my bones were very deteriorated and that I have degenerative bone disease so don’t fall and take vitamins D twice a day with lots of fish oil, that I have a very high calcium score, coronary artery disease, atherosclerosis, that I still have one carotid artery that wasn’t totally occluded, take the anticoagulant meds religiously and he was sorry about my conditions.

He told the VA I had CAD, but could climb mountains, jog much as I wanted, play football, could golf all I wanted, hike, play most sports, and was basically fine. 

Tell me the VA didn’t own his a+s. It seems everyone the VA touches turns into a POS - LIAR, so my hope is for a large audience including our president, because Missouri Senator Claire McCaskill could not even get as many medical records as I could, and she has six offices that are staffed, and travels by private jet and limousine.