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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Independent contractors FTCA/1151

Question

Please disregard my past information here on the issue of Independent contractors who work at VA and provide medical care to veterans.

The issue started last year when I became involved with a very usual situation, whereby a disabled veterans was seeking help,via many news outlets, and seeking anyone with past FTCA experience.

He has a bill in Congress on this ( HR 7105)-I rewrote the Bill for him only to find out that a major vet org has done the same thing.

It was suggested ,by the vet org, that his bill be incorporated into a bill I have before Congressman Roe-

But the info I found yesterday shocked me. And changed everything I posted here.I am beyond disgusted with what I learned, and will never get involved in anything like that again...it regarded the Tally case.

If you feel you have a basis for a FTCA and/or 1151 issue, you will need a strong IMO- but you will also need to find out if the doctor(s) or any medical professional you feel misdiagnosed or in any way mistreated you, to the point you have additional disability, is a federal contractor.

It might not matter if they are….but it would matter if the General Counsel told you or your lawyer they are, without any proof of that.And if they also told you these independent contractors do NOT fall under FTCA or 1151.

U.S. Code Title 38. VETERANS’ BENEFITS Part II. GENERAL BENEFITS Chapter 11. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH Subchapter VI. GENERAL COMPENSATION PROVISIONS Section 1151. Benefits for persons disabled by treatment or vocational rehabilitation”

(1)the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by theSecretary, either by a Department employee or in a Department facility as defined in section 1701(3)(A) of this title, and the proximate cause of the disability or death was—" etc 

The key statement there is "or in a Department FAcitiy"

Also:

§ 46.8 Independent contractors.

Independent contractors acting on behalf of the Department of Veterans Affairs are subject to the National Practitioner Data Bank reporting provisions of this part. In the following circumstances, VA will provide the contractor with notice that a report of a clinical privilegesaction will be filed with the National Practitioner Data Bank with a copy with the State Licensing Board in the State(s) in which the contractor is licensed and in which the facility is located: where VA terminates a contract for possible incompetence or improper professional conduct, thereby automatically revoking the contractor's clinical privileges, or where the contractor terminates the contract, thereby surrendering clinical privileges, either while under investigation relating to possible incompetence or improper professional conduct or in return for not conducting such an investigation or proceeding.

(Authority: 38 U.S.C. 5705)

https://www.federalregister.gov/documents/2002/04/23/02-9875/policy-regarding-participation-in-national-practitioner-data-bank#sectno-reference-46.8

(I have found nothing that alters or rescinds that above regulation. NPDB is the entity that the VA is supposed to contact when any type of malpractice settlement is paid by the US Treasury Dept. The info also should go to the specific state licensing board and from there it is posted on every state's Disciplined practitioners web site, for the public to know if their medical practitioner has a valid license and was ever reported to the NPDB.)

I am beyond disgust to learn that I don't not believe Mr. Tally or even his lawyer checked out the fact that the negligent doctor was or was not an independent contractor.

Also I am disgusted to realise that his lawyer seemed to fail to even research the regulations that cover independent contractors and FTCA.It is even more alarming to me that it took so long for the OGC to find out ( maybe ,maybe not true) that the doctor was an independent contractor, and that caused  his Statute of Limits ran out. This was a case of bonafide established medical malpractice.

So if the VA pulls this on you or your lawyer, saying the VA is not liable for any malpractice you have suffered due to the fact that th medical entity who committed it, was Not

a VA employee, they have evidence above to fight that , and should determine as soon as they take your case, if that would be a potential defense for the VA.

I was told critical information from Mr Tally, in a phone call, on his case,  and asked not to tell anyone....but the end result, of all the ways I tried to help him, brought me  more questions that, often like we see here, questions that never get answered.What bothers me the most is the unanswered questions his lawyer never responded to me with.

News articles quoted his lawyer as saying:

"That's the real tragedy here, the way that current law is set up - for somebody like Brian - there is no accountability," Sturtevant said.

https://abc7news.com/health/va-misdiagnoses-and-delays-nearly-kill-socal-veteran/4451312/

But where is the accountability for his lawyer?????

I am beginning to think that FTCA/1151ers would do better to fight their cases without a lawyer-like I did....if they are willing and able to go the whole 9 yards.

 

What they need , more than a lawyer, is proof positive from an IMO/IME doctor that they have been malpracticed on, and that the malpractice caused them additional disability  or death-meaning their surviving spouse  has to file 1151/ FTCA.) 

The audio at this site also reveals what the lawyer said.

I am exhausted with this whole thing- and shocked at what appears to be a 'cover up' of the facts.Same as how I found a cover up during my husband''s VA medical care, by doctors at the Syracuse VA....trying to over up the malpractice that occured at the Bath NY VA.

 

 

 

 

 

 

 

 

 

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18 minutes ago, Berta said:

am exhausted with this whole thing- and shocked at what appears to be a 'cover up' of the facts

@Berta

wow. that is new info.  I know you are exhausted, but have you considered contacting the reporter of the ABC story to see about them working with you to expose this problem further?

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I have a Bill, so does Tally- at Congress on this "problem"

But my bill involves proper NPDB reporting- for all FTCA settlements and 1151 claims.

The problem is that established regulations say we should not even have to ask for Congress to support bills like this-

The NPDB knows that, the GAO knows that, and apparently the General Counsel knows that too.

But this is the real problem- yesterday I watched many WW II vets tell their stories on D Day- they were all scared and did what they had to do, and we should all be proud of them and what they did.It was incredible!

Anyone would have been scared at Normandy-

But I think Brian Tally and his lawyer were scared of the OGC.

I also think the vet org guy who said they were re -doing his bill , is scared too.

I got the oddest email from him- I think he is scared of me and of what I found out----

I also see it here--vets that get advice but are too scared to follow it through...a neighbor I have  is scared to re open his claim.A Retiree I know is scared to get his SMRs and VA medical records. He has Tricare but as treated as an employee for many years at VA.

I do understand anyone with disabilities has it hard enough to get through the claims process and other types of claims like 1151, FTCA etc, but if they, as veterans, are afraid of the system, they will not get anywhere.

I am tired and angry over the work I did for this veteran- and realise this is what his well paid lawyer should have done for him. andI  have my own claims to deal with-after having 2 of my CUE claims, they were transferred to Minnesota, as they involved accrued money. I have to copy all of the evidence that the RO did not send to them.

I am taking a break from hadit.

 

 

 

 

 

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19 minutes ago, Berta said:

I am taking a break from hadit.

@Berta

no one can argue that you don't deserve a rest. I hope you recharge and come back to continue sharing your experience.

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