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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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R762

VA - Heart condition surprise.

Question

So..... I had a VA Dr.'s appointment last week and the doctor brought to my our attention that I have a heart condition. We are all stumped that it was not brought to my attention. The VA Dr. was skimming my med. records when he stumbled across a resident's notes. The notes were off an EKG reading[1] the Dr. said, "Well, it's the resident's fault for not notifying the Cardiology team... but the Cardiology team signed off on it."  This data was collected February 2018... It is now February 2019.

The Dr. that luckily saw the notes said, you need to get a CT-Scan ASAP. following day there was evidence that the issue had gotten worse, and more issues were brought to my attn. (Local cardiologist in the community & a VA cardiologist team said I was fine)

I went to an IME , and he was shocked and said, "Someone dropped the ball....you're lucky you're not dead." He refer me to a Cardiologist for further review. (This appointment is on Monday).

The VA is now having me do another CT scan with their specialist and consultation the next day.

Question: Would this fall under negligence or would this fall under Malpractice?

Regards, R762

[1] February 2018, I was in-patient for a few days;  I went to the VA because I have been having syncope issues and seizure like activity. The VA wanted to monitor.

 

 

[Update: 2/19/2019] After 3 examinations (CT-Scans and consultations) 2/3 of the consultations stated, "For your size, your aortic root is in normal limit" I will have a check up to see if there is any change regarding the diameter of the dilated aortic root. The doctors also stated that there is "no aneurysm, and records had poor choice of words where there is just a wide ascending thoracic aorta, not an aneurysm."

Edited by R762
Independent Medical Examination (IME... I wrote IMO)

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"Question: Would this fall under negligence or would this fall under Malpractice?"

Those terms are the same thing for VA purposes.

I dont know if the "resident doctor" ( you need to google him/her )would fall under VA employee- but I bet the cardio docs or any VA health practitioner who knew of the heart problems but did npthing- were VA doctors-but since the VA started using contracted doctors- (who are NOT VA employees) you have to establsh if any of the doctors who " failed to diagnose and treat in a timely manner" were actual VA employees.*** see below

The normal FTCA statute is 2 years after one's knowledge of the mapractice.

You state might have a dfferent statute- this is wghat hap[pened in the Tally case- available here under a search.

We have a link to the VA web site "Our Providers" page, and you might find dome of the doctors there-

I hope not-if they were contractors they do not come under Section 1151 , or the FTCA, but you could sue them in a federal district court.

There is plenty of info here on FTCA and 1151 claims.

"I went to an IMO , and he was shocked and said, "Someone dropped the ball....you're lucky you're not dead." He refer me to a Cardiologist for further review. (This appointment is on Monday)."

***The quote is from my FTCA case( F 95)and Section 1151 claim. I won- wrongful death- of a combat Vietnam Veteran-my husband.Undiagnosed and untreated for IHD , DMII and inproperly treated for HBP and catastrophic stroke.

I had no lawyer nor any IMO doctor, just 6 year of horrific malpractice in my husband's VA medical records, and due to his being an organ donor, a 6 page autopsy that supported all of my charges.

There is the offset factor , explained in the FTCA/1151 forums here. I am the only claimant I know of who subsequently proved that VA killed a AO veteran-direct SC death granted in 2009-the VA had to refund my FTCA offset.

I regret this happened t you- we never knew my husband had heart disease at all, and even a VA cardio told me his heart was OK- (while this same VA cardio doctor was working with another neuro or two to cover up the malpractice that had begun at a different VAMC.) They failed.....and per OGC Pre s Op 08-97 they (VA)still owe me cash.

My husband was only 47 years old when he died.

If the cardio doc is willing to write an IME for you- there is info here to help with that.

VA negligence.//malpractice has a paper trail in the med recs, often very hard to decifer but it is there.

You need to check your state's Statute of Limits on FTCA as well as see if all of or any of these doctors involved actually work for the VA.

 

 

 

 

 

 

 

Edited by Berta
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Are you getting treatment for your heart?  I hope you are not depending on the VA.  The VA diagnosed me with a 60% rated heart condition and I never was referred to a cardiologist once in ten years.  I use my own private doctor.  The VA also ignored my high blood pressure as well.  I would not trust these VA guys with anything that might kill you.  Going to the VA is like seeing the "Doc in a Box".  We get very basic care IMO.

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John, one thing a claimant does not need to do ,for a wrongful death case, is to prove a Motive.

But I found a Motive. It was part of my FTCA case.

My husband was a VA patient but he was also a VA employee.

I found- after hours in a law library-no google in those days-an M21-Physicians direcive on how to treat any employee who presents at the ER.

My husband was rushed by VA ambulance from the VA building he worked at to the ER when he suddenly collapsed.The ER Certificate was hard to read- they had sent him home with a "sinus infection"on te ER Cert  but they also had done a EKG that revealed a cardiac event the same day, but never told him.

I proved it was a heart attack and I proved his sinuses were clear- no infection.

Nehmer gave me a very good EED for that, back to the ER incident- but it sure didnt do my husband any good- I am surprised he even lasted a few more years.

I know plenty of great people who work for this VAMC and I tell them, if they are SCed, to be sure they are being treated as a disabled vet, and not as an employee, even if they are not SCed. One never knows when they might have to be in the VAMC ER-that is when the M21 guidelines kick in.

I knw a civilian employee who broke her leg on a food cart accident at this VAMC. They (ER doc)called it a minor sprain but  after the three day employee chit, she could hardly walk, and went to a real doctor who put her into a cast,so she FTCAed them with a lawyer and they settled with her.

The same VAMC almost killed my husband's best friend there.They worked in the same department. The going scuttlebutt in Dietectics was what are they going to do- kill all of us Vietnam vets?

I got his buddy 100% P & T for the rest of his life.I said I would help if he went with FTCA but he figured that is a lump sum deal and he felt it would spend it all in a few days at Graceland. He made the right choice.1151 P & T.

 

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Bertha, you cannot say that that only happens at the VA.  I broke my leg (fibula) and my ankle in a Maisonneuve injury.  I went to a civilian ER and they diagnosed it as an ankle sprain.  Three days later I still could not walk.  I went to my doctor after my leg began to turn black and blistered.  I did not pursue the ER though.

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Yes, malpractice is not a specific VA issue by any means. It can happen anywhere, even at the best Hospitals in the country.

I still have no update on the Fayetteville AR  fiasco- last I heard  was 3 possible deaths and 7 or more additional disabilities due to the impaired VA  pathologist.

And  they were still sending out the last batch of medical records of the 20,000 vets who might have been malpracticed on by him, to be reviewed by independent doctors.

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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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