need some help

[hardin]

I was recently awarded 70% VA for depression. It was a long time coming. I'm deeply in student debt. School loans were all I had for several years,  I last worked in Jan of 2013, have been full time in college ever since Jan of 2014.  I just got my BS.  VA denied my claim about the VA hospital screwing up a TURP surgery that they did in May, 2016. Now I"m impotent, incontinent, and can barely pee. Scar tissue formed because they left a catheter in me for  3.5 months, when they knew I was living in a van.  Had I not written to the head of VA, I'ld probably STILL  be waiting on that TURP!  They said the urninary problems are not 'service connected. I have to wear a diaper and and change it every couple of hours. I've got bad arthritis in my feet. They gave me 0% for my feet, but no award. I filed the urinary and ED claims via E benefits.  I didn't stress the fact that it's their MALPRACTICE that's led to these other problems. I can't work, but I've been full time school for years, so there's nothing showing that I can't work, so I dont see how to get TDIU? I was 50% depression for about a year, recently upgraded.  I"d like to know how to get  40% or so for the urinary thing. The VA wants to lay my penis open for 1.5", remove the scar tissue in my urinary tract,  leave the wound open for 4 months, then, when they sew it up, there's a 10% chance of it not working and having to leave it open for life. My wife is LIVID about this stuff!  Thanks. 

[Richard1954]

Ok, you could request TDIU based on your 70% award for depression. Since you have not worked for years I suspect that it would be approved.

As to your ED and urinary problems you could claim them as malpractice ( called an 1151 claim) .. these are hard to get approved  but if you can prove the problems were a result  of the va screwing up your surgery you may have a chance to get them service connected..

 

Good luck

[kanewnut]

3 minutes ago, Richard1954 said:

Since you have not worked for years I suspect that it would be approved.

It doesn't work that way. I haven't worked in 18 years and am still working on TDIU.

[pwrslm]

2 hours ago, kanewnut said:

It doesn't work that way. I haven't worked in 18 years and am still working on TDIU.

You can work under TDIU under certain conditions. You must make below the poverty level, or work in a sheltered environment. The VA audits your SS and Tax account for this. Even with a protected rating, if you show that you can work again, they can pull the TDIU, so be careful.

4 hours ago, hardin said:

They said the urninary problems are not 'service connected

This is probably something you need to address w/an attorney, the injury you experienced was not a SC condition. The VA must be held liable for malpractice or this must have been an unforseen outcome. This one gets complex quickly so you probably should prep with a good IMO to start with, and let them deny (if they deny), and then get a legal beagle on your case.1151 claims are not limited so you have to time issue, the FTCA is, you have 2 years to claim under the FTCA so your statute of limitations can bar your claim.

4 hours ago, hardin said:

et. They gave me 0% for my feet, but no award

Was that Service Connected? You can increase this if it causes pain and that is compensable if it is SC.

 

Was the 70% awarded retro? If so, inquire about getting the student loans paid off by VR&E. If you can show you were qualified and were working on a viable degree to get employment, they might pick that debt up under CH 31 entitlement. This is grey area for me, if anyone knows if this is possible plz provide more input.

 

Edited October 31, 2018 by pwrslm

[kanewnut]

14 hours ago, pwrslm said:

You can work under TDIU under certain conditions

You misunderstood my post. I haven't worked in 18 years. I am still working on getting TDIU.

[Berta]

I agree with the advice above-get a strong IMO/IME and file a Section 1151 claim.

But the first thing you need to do is to go to a post I made as to Independent Contractors-to make sure the doctor(s) who messed up are actually VA employees.If not 1151 and FTCA wont work-= you would have to file in Civil court.I cant fi9nd the post- here is the link-

https://www.va.gov/health/OurDoctors.asp

If you have a strong IMO/IME then I hope  a lawyer would represent you under FTCA- but as Pwrslm said, FTCA has a two year Statute of Limits. Make sure you have copy of all of your VA medical records, because if they committed alpractice, the proof is in those records.

My husband had a small student loan years ago , when he was in Voc Rehab.and we requested a disability waiver form which a VA doctor signed and checked off as 100% P & T.

He had a  Section 1151 stroke so he  could not continue Voc Rehab.

 

[Richard1954]

18 hours ago, kanewnut said:

It doesn't work that way. I haven't worked in 18 years and am still working on TDIU.

That may be because you do not have the evidence to back up your claim.... based on what Hardin said I suspect he has the evidence.....