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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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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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broncovet

Vet eaten alive by VA ; Tally bill

Question

Posted (edited)

Veteran cannot sue because doc was a contractor, But that might be changing for the better.

https://taskandpurpose.com/brian-tally-bill-medical-malpractice

In part:

Quote

The infection left Tally physically debilitated. Unable to work, he struggled to make ends meet — he was counting on a hefty payment for what appeared to be an open and shut case of medical malpractice. Tally said that he corresponded with the VA about his case for months and assumed everything was moving forward smoothly.

Then, in Nov. 2017, the other shoe dropped: Tally received a letter from the VA saying the department was not responsible because the clinician who made the mistake was not a Veterans Affairs employee, but a contractor. Because the care provider was not a VA employee, Tally could not pursue his malpractice case in federal court. This meant that his only chance was in state court. But by the time he was informed of the doctor's employment status, it was too late: The one-year statute of limitations for California, where he lived, had passed.

See how VA hoodwinks these Vets?  They play "dumb"..and string the Veteran along..until the statue of limitations runs out on suing the contrator.  Dont let VA get away with that.  Go armed with knowledge..sue the contractor right away if the VA doc is a contractor.  At least until this bill is passed.  

Edited by broncovet

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Berta posted, 

Quote

Did they check the info themselves , as to whether the doctor was a contractor and not a VA employee?

Of course the Veteran, or his attorney should have checked, in 20/20 hindsight.  

However, I would suggest the "reasonable man" applies here.  You go to your VAMC, a doc with a VA id treats you so its reasonable to assume this person, working inside a VAMC, is a VA employed doctor.  

I think this is the whole point of this bill, tho I certainly dont claim to know very much about it.  

Veterans are going to VAMC for treatment, and the VA has apparently "pawned off" on us people walking around who are not employees of VA, but rather contractors.  

I have never seen a Vet ask a doc, "hey before you treat me, are you a VA doc or are you a contractor?"  

I can see that we might do that now, because of Va deceiving us into thinking this guy is a VA doc, when, instead the VA decided to save costs on liability issues by "falsely presenting" contractors as VA employees to Veterans, thus deceiving Vets and even their attorney's into thinking this guy works for VA, when he does not.  

This is far different than "Veterans choice" when VA pays the bill and sends the Vet to a doc HE KNOWS does not work at the Va, because he goes to a different building that says something like:

"Orthopedic Associates" having nothing to do with Va.  

I would think if a Veteran goes to a building that says, "Department of Veterans Affairs" or "VA Medical Center", he should be able to assume the guy with a Veterans Affairs Id card on his coat, and an MD after his name, is, indeed employed by VA.  

If it looks like a duck, quacks like a duck, and swims in a pond like a duck, then the Veteran should be able to conclude, "hey this is a duck", even if VA put a ducks clothes on this chicken, and taught him to swim at the VAMC.   

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Bravo Sierra!

I wonder if the VA was using medical doctors as contractor when the ruling was issued...

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Posted (edited)

This is the case I have spent many months on- something I thought I would never do again----

I rewrote Brian's Bill for him ( then changed my mind and would not let them use it) because my Bill is better....and I hope Congressman Roe will support it..

And I found out new information from that article, last week -that was far different from what Brian Tally told me.

This was and still is the most egregious violation of a veteran's rights I have ever witnessed and have some FOIAs out on it , one with  the OGC.

BUT, I asked one question for the last 7-8 months of his lawyer and Tally himself- with no answer-

Did they check the info themselves , as to whether the doctor was a contractor and not a VA employee?

It took me mere seconds at the VA Provider Site via the VA main wen site, tp learn the local Bath NY VAMC has 48 contractors diagnosing and treating veterans.

When I filed FTCA long ago, I was only concerned about one of the many doctors who malpracticed on my husband, but found out he in fact was definitely employed by the VA.

Something very strange happened in the Tally case.No doubt about it.

I am not surprised because a lot of odd stuff went on when I dealt with the VA re: FTCA.

But when I realised I was not given the Facts, I withdrew my support.

I think the doctor was and still is a VA employee. Neither Tally nor his lawyer ever checked and I can't because I do not have her name. How it could have taken the OGC either 8 months, one site says 11 months,to learn she was a contractor , is an absolute piece of BS. But it allowed Tally's one year SOL  in California to run out.

There is far more to this than these multiple internet news articles since Oct 2018 reveal.

 

 

 

Edited by Berta

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Bronc, you Quack me up....

(I can't help myself)

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I am assuming at the bottom of their ID card it doesn't say contractor? Where I work as a federal employee the contractors have the same ID except at the bottom it states contractor. My question if the VA would the VA not have at the bottom of the contractors ID "contractor"? It makes sense that it should.

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