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Seeking FTCAers---1151ers

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Berta

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I just spoke to Brian Tally:

https://americanmilitarynews.com/2019/04/op-ed-a-va-legal-loophole-ruined-my-life-and-now-i-want-to-change-the-law/

 

There is more in the FTCA forum, however, we are seeking anyone who was denied a FTCA case, because the doctor, nurse, dentist, etc, etc who malpracticed on them was a 

Federal Contractor. Also anyone whose Section 1151 claim was denied because their doctor was a federal contractor and not employed by the VA.

I will give contact info if anyone replies-

These would be cases where you had a strong IMO/IME that supported the malpractice charges...meaning you had a solid case, but the VA would not take responsibility for the malpractice.

And we would like to know if you then filed in a Federal District Court- if you did.

 

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It takes mere seconds to find out here:

https://www.accesstocare.va.gov/ourproviders

if your VA doctor, nurse, etc etc is a VA employee (subject to FTCA and Section 11511 for malpractice- or if they are a federal contractor from QTC, VES, LHI, etc.

USe the  state toggle serch feature.

If your 1151 or FTCA case was valid but denied due to the charged medical person not being employed by the VA,but worked at a VAMC, 

I have contact info for you.

 

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  • Content Curator/HadIt.com Elder

I might be going the FTCA/1151 route pending the outcome of my heart attack claim (claimed as secondary to medications used to treat SC disabilities).

Some of my doctors were bonafide providers, while others were not. I did have a lumbar pain block done via community care just a few days prior to my heart attack, however NSAID use on/off for 24 years may have played a greater role.

One thing this list might overlook is past providers/contractors who are no longer in the VA system. They have been treating me since 1995.

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"One thing this list might overlook is past providers/contractors who are no longer in the VA system. They have been treating me since 1995."

Yes, and this might be the case for MANY veterans who find they have FTCA/1151 issues- and would have to file a cause of action in a Federal District court.

I have been working on this issue with someone who ranks high in legal department of a National Veterans Org.They have a copy of my bill and are looking into this whole issue and trying to find any other veterans who received negligent medical care and who could not file FTCA or 1151 because their medical provider was Not a VA employee.

Also I have a bill before Congressman Roe on this, and I filed a correction to a bill that has been introduced in the Senate, S 221 ,but was deficient, and it evolved from a OAWB complaint I filed .

I am re -writing the Tally Bill HR 7105, as well and have contacted many vet lawyers to see if they have come up with this same problem, and have sent FOIAs out and I contacted the GAO.

A recent GA0 report on another matter is important too- these contractors are the ones who pay for the deficient C & P exams many veterans get.

https://www.nvlsp.org/news-and-events/press-releases/nvlsp-dismayed-over-gao-report-on-va-disability-exams-and-the-need-for-impr

I was surprised that NVLSP ( and probably many of the Vet orgs who rep vets, ) were unaware of how mny problems vets have with their claims are solely due to deficient C & P exams.

I am working on another bill for that-

These problems have gone on for YEARS, with nothing being done at all about them.

My time here has become minimal- because someone has to step up to the plate and let Congress know how the VA really works against veterans, in order to deliberately deny valid claims.

And some lawyer out there might get smart and file a class action to recover any IMO/IME fees that  any veteran or survivor  has had to pay, who ultimately succeeded in their claim, due to the IMO/IME.

(Because the first thorough reading of your medical records you will ever get, will come from an IMO/IME doctor.That goes for 1151, FTCA, and  any type of disability or death claim.)

None of it is fair.

 

 

 

 

 

 

 

 
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  • Content Curator/HadIt.com Elder
On 6/2/2019 at 6:43 AM, Berta said:

https://www.nvlsp.org/news-and-events/press-releases/nvlsp-dismayed-over-gao-report-on-va-disability-exams-and-the-need-for-impr

I was surprised that NVLSP ( and probably many of the Vet orgs who rep vets, ) were unaware of how mny problems vets have with their claims are solely due to deficient C & P exams.

I think I just had a deficient C&P exam the other day. Internal Medicine doc trying to opine for a cardiology issue, but failing to be thorough or factor in what I said. On the bright side, at least she wasn't eating a submarine sandwich like my neurology C&P doc in the 1990's.

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I got sent to a, fresh out of college, Nurse Practitioner for a Meniere's Syndrome exam at LHI.

She told me she had applied for a job with the VA.

After she so graciously shared her future career aspirations, the exam went like I expected it would.

Ignored the evidence I placed in her hand(STRs) and used creative writing to form her "less likely as not" rationale".

I complained to the VA, before and after the exam, stating this examiner was not competent to opine on a complex disorder such as Meniere's Syndrome.

One of the symptoms of Meniere's Disease involves loss of hearing which, under the C.F.R, mandates an audiological C&P exam by a specialist.

VA ignored me...again.

Result: Another denial based on an inadequate C&P exam and another stinking appeal that should have never happened.

Edited by 63Charlie
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I filed a Federal Tort claim one time against the VA.

Could not obtain counsel.

It went nowhere but in some bureaucrats trash can.

Filed an 1151 for the same incident, medical malpractice, based on negligence by VA not timely diagnosing and treating my spinal disorder.

That one is on the famous VA hamster wheel for a couple more years at least.

Edited by 63Charlie
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