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1151 and/or FTCA advice


Berta

Question

I am putting this link here:

https://community.hadit.com/topic/74381-filing-a-claim-for-a-heart-attack-due-to-nsaids/page/6/#comment-466477

so that I don't have to repeat the advice again-

If anyone vet or survivor of a veteran, feels the VA malpracticed on the veteran, they need to obtain an IME, if the vet is alive, or an IMO if the vet has expired.

They will need to give the IMO/IME doctor ( who should be a specialist in the prime and/or secondary cause of death, on the death certificate) the complete VA medical records of the veteran and copy of  autopsy findings if an autopsy was done.

 

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I just caught this question.

In my case a VACO cardiologist, regarding my FTCA case, made a clear medical determination that the sudafed , prscribed for my husband for 3 x a day for 6 years,had completely contraindicated the HBP med he was on, which also was a dosage far too low.

I found a sinus X ray in his med recs that revealed his sinuses to be clear.

He never had a sinus infection that caused his collapse on the job (at VA).

The ER certificate ( once I could decifer the acronyms, etc,) and an EKG had been done right away ,revealed he had a heart attack , not a sinus infection.

I had produced evidence from the Physicians Desk Reference, and from other medical sources

(highly limited info in those days) to charge VA, with other charges on his other disabilities)

that this prescription for Sudafed had contributed to his death. The VACO Cardio doctor supported all of my charges with the evidence I had sent to the VA.

I also had written to the US drug administration to find out how many deaths Sudafed had caused or contributed to, over the past years It was probably a FOIA letter.

After the FTCA was settled, I got a response and a 3 1/2 floppy from USA Drug Administration that revealed numerous meds to include Sudafed, etc that had caused or contributed to the death of Americans- bu I did not need that as evidence anymore.

In 2003 I reopened my claim, and the internet we have now ,helped me to support that claim very well with evidence, and I also got 3 IMOs.***

Undiagnosed and untreated DMII from AO, filed as a direct SC death.I won.

*** I carefully prepared a lay medical assessment of my husband's VA med recs,and enclosed it with the Medical records and the fee.

Dr Bash had already emailed me back, after I sent him a brief email, that it was a good case. 

As a Neuro Radiologist, he was able to fully interpret the MRI, autopsy, etc etc and also stated to VA he had examined the medical record of " thousands" of diabetics, and gave a full medical rationale for his IMOs.He also found 2 more 1151 disabilities I have never claimed.

The negligence was so bad that VA could not rate the DMII or give any EED.

That's OK- It opened the door for far more ancillary benefits for me and best of all it gave me, and my daughter Peace with Honor, and it also gave my beloved husband Peace with Honor too.

I have stated this here before-it bears repeating-the reason my husband did not get adequate VA health care, I found in the VA Physicians Guideline , M21 dated 1988- the same year my husband died.

If you are a SC vet who works for the VA make sure you are treated, NOT as an employee, but as a disabled SC veterans.

VA doctors will give an employee a 3 day chit slip to be off work for three days-and no further treatment, for the emergency, if they have an ER emergency while employed at the VA.

Maybe it has changed by now ????

This involves non veteran VA employees as well. A VA doctor told a non vet woman, who had slipped on a piece of pie that fell from the food cart, that she had a slight sprain from it.

Three days latter she could not even walk to her car to return to work an someone took her to a real doctor. She had broken her ankle.

Her lawyer filed SF 95 and they compensated her with a settlement from the USA, rather quickly.

BTW- that is who the tort involves- OGC signs off a settlement agreement for th USA  that is actually because the Tort is against the USA.

I did not want to file the DMII claim but my daughter.still in the Military, insisted , and maybe a year or more I decided to file the claim- and was started to find evidence of DMII hidden in th med recs.

I wont be here much for the next many months-she is still  insisting I write a book about this.

As she said the VA wrote most of it anyhow because of the outrageous SOCs etc I got over everyone of my claims. Much Documented VA correspondence with be in the bookto include the ER certificate of 1988.

"Death by VA"

The names of the doctor and VAMCs involved. will be changed-

to protect the Guilty.

My bill that passed in the Senate ( S 221) might well protect future veterans from negligent VA health care or from an early demise,solely due to that  'health' care

 

 

 

 

 

 

 

 

Edited by Berta
in cloud, poor access
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  • Content Curator/HadIt.com Elder
On 4/1/2021 at 7:10 AM, Berta said:

After the FTCA was settled, I got a response and a 3 1/2 floppy from USA Drug Administration that revealed numerous meds to include Sudafed, etc that had caused or contributed to the death of Americans- bu I did not need that as evidence anymore.

Berta,
I know it has been almost a year since you posted this, but do you happen to still have those files from the 3 1/2" floppy from the USDA?

After submitting the FTCA last year, I received the usual "...your request was received, but we have a backlog, blah, blah, ..." type of letter. I called a couple of months ago and they said it is still open and pending (no constructive denial yet). They sent a request over to the team handling it and asked them to contact me with current status, but I never heard anything. I realize COVID-19 is a factor behind many of the delays, but how long did they take to process your FTCA claims?

I figured if the FTCA fails, I still have the option of filing an 1151 due to no time limit, but I wanted to first find out if you heard any news about the possibility of 1151 benefits being paid separately from regular disability compensation? I think you mentioned an old OGC memo involving it.

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 "how long did they take to process your FTCA claims?"

Regional Counsel VA wanted to settle with me in March-1994 I filed at end of December 1994 or maybe January 1995 ,then a lot of absolute VA BS happened-and  I settled with the USA in 1997.

The MF showed up- MF Mysterious fore employed by the VA who removes probative evidence from C files. But when you get denied oeven if you win,, they put it back in the file. sometimes.

 

 

"I figured if the FTCA fails, I still have the option of filing an 1151 due to no time limit, but I wanted to first find out if you heard any news about the possibility of 1151 benefits being paid separately from regular disability compensation? I think you mentioned an old OGC memo involving it."

It is OGC Pres Op #08-97   My RO refuses to read it- because they owe me a lot of money-I have been in touch with VA OGC a lot the past week on another matter, and that is the last on my list that THEY need to  resolve.

OGC had to order my RO to pay me some retro years ago-

that was the first situation like that they ever had. The check was in the mail.

 

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"do you happen to still have those files from the 3 1/2" floppy from the USDA?"

No- and the info is documented in about 4-5 PCs ago.

This was before the internet was like it is now and what I finally got is available on the net.

I wanted information on how many deaths ,annually, in the US, that sudafed and a few other common sinus and allergy meds  had caused. There was good info on the floppy but I think I had won my FTCA/1151 by time I got the info.I didnt need it  for my claim.I had other evidence:

The VA prescribed psduephendrine (Sudafed) to my husband for 8 years in a high daily dose.It contraindicated the very low dose of HBP meds he took.

It was one of many factors that contributed to his totally disabling 1151 stroke, and to his untimely death.

Also I found a X ray VA did of his sinuses, the reason for the daily sudafed pills.

He never had a sinus condition.He never had allergies.

He should have never been prescribed the sudafed in the first place and should have been on a higher HBP med.

You might be able to Fax a FOIA to the US Drug Administration. for what you need.

The VA accepts FOIAs via their web site  these days. But then again I have been waiting for years on one I sent to a VA lawyer , about 2 years ago-

VA answered the FOIA with some CTA stuff. Thanks OK I have a different battle plan anyhow.

 

 

 

 

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Bumping this UP MY Bill passed the senate unanimously-and is with a medical committee at the House - VAC-

It will force the VA OGC to do something they dont want to do-and are Mandated to do  and it will SAVE LIVES!

My whole church ( we have many vet members ) is praying it will pass the House and get into law.

I cant be here much lately - I wear  lot of hats---

Edited by Berta
added more.
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  • Content Curator/HadIt.com Elder
3 hours ago, Berta said:

There was good info on the floppy but I think I had won my FTCA/1151 by time I got the info.I didnt need it  for my claim.I had other evidence:

Sounds similar. I had a request for my c-file on CD which took forever to finally arrive. Of course, it arrived long after the deadline to submit the FTCA documentation.

Still looking forward to see how the 1151 as a separate payment turns out for you.

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