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retiredat44

Where I am with my 1151 claim

Question

So, it has been 4 years since my BVA hearing. On of the issues is the 1151. it was over the failed pancreatic procedures where everything went wrong. They were suppose to do fine needle aspiration of a8 cm cyst on the head of my pancreas. I signed a paper saying I understood that is what they were doing. The very long list of failures, and things that went wrong, also they did other things never discussed or agreed to before the procedure. There were also procedures which included trying to insert a Stent, somewhere in a tube (pancreas, liver, etc.), but the tube broke, ripped, tore open, etc.The complications are an extremely long list. Portal Vein thrombosis and Splenic Vein Thrombosis, (Permanent)The effects of tube feeding for six months, liver disease came up, Parkinsons came up, sepsis, inability to walk and eat (no longer able to absorb nutrients without medicines), no control over body limbs for along time and the therapy. The list is extensive. They also had tried a second procedure to correct problems after the first. Uncontrollable internal bleeding, and more.

 

All these year alter with claims and the 1151. They VA got an IMO from the college of physicians for the surgery, basically saying they did nothing wrong and the complications were within the scope of the procedures. Also a fact that the doctors kept trying to give me mind altering drugs, Drugs for anxiety, as they insisted I had IBS< and most of the pain was in my head, event though I had 10 years of solid diarrhea and great suffering. So, they often sent me to head doctors. Precious time was wasted when the window of opportunity for helping me was pissed away.

 

So, the have this IMO from their college of physicians saying that al this stuff was foreseeable. This was a few years after my BVA live hearing. I wrote the doctor at the VA clinic who was one of my main doctors who I saw everyday who made lots of decisions on what to do, before being and inpatient. During the time I spent as an inpatient. And for a couple years after The six months as an inpatient, because I have necrotizing pancreatitis and liver diseases (Budd-Chiari Syndrome), very, very rare disease, and even more rare together. I wrote a letter to him at the VA clinic that was at the hospital I lived in. He was also a GI doctor at UCSD. University California San Diego. i was asking him for info on my disease, the time I spent there and the long conversation we had were he discussed my pancreas and liver and causes of the diseases, in my case and other cases. Other case in general, not specific. Like what causes these diseases, and more. I also wrote it was time sensitive because I was asking for it to be used as an IMO.

 

A month goes by, I get a phone call from the VA GI Clinic explaining the doctor left the VA not long before my letter. A couple of weeks later, before a deadline I told them, for my BVA appeal, had another deadline for information I could submit, I get a phone (from the VA GI Clinic, the head person in the GI Clinic office who sends out correspondence for the doctors) call saying they are going to write me a letter to submit to the BVA judge. I get an IMO letter written out on VA GI Clinic Letterhead Stating in legal for as an IMO that my Necrotizing Pancreatitis complications are 'More Likely than Not'  caused by the procedures at the VA.

I send this and a letter and more with a letter of my letters to them before the IMO, to the BVA judge. Now, more months have passed.

I few months latter I see a big scandal at the VA GI clinic with refences in a Veterans forum, and links to publication about a big scandal where the VA clinic and the doctor who was my doctor during al this pancreas and liver, tests, procedures,, long talks, and more, well, he is the target of an congressional inquiry and left the country. He was doing unauthorized procedures and had caused uncontrollable bleeding on veterans and taken pieces of their liver without their permission. I got some copies, and sent this to the judge.

Going further I don't know when the VA knew about this doctor and investigation (brought about by a whistle blower). I don't know if the clinic wrote my IMO when I first contacted the VA Clinic and doctors that cared for me., and when they wrote my IMO, if they already knew about the scandal or not and when and how.

So, look at it this way, their IMO saying they did nothing wrong and the stuff that happened to me can happen to anyone is the IMO they put up against my 1151, and some of my claims.

These doctors told me, almost quoting, most people don't live long and they want to make sure I got anything I needed because they knew the hell I went through they treated me very good. So far I outlived others with this, I was told by medical professionals I am the only person they know of that lived this long with this diseases. I live in hell every day and this just drags on, and every time I think they are moving it comes to a halt, with no action.  My first claims were from the 1990's, and most were denied, and I didn't know what i know now, these claims and the 1151 are a decade old. Now I see that I was under care of a doctor in a huge medical scandal and my appeal is collecting duct. Not only that but I still have to live day to day and get sick, and the new VA clinic and hospital, don't know my history and they have not been good, lots of problems and les here in Oregon at the VA. I had a very bad case of bronchitis and puking green slime out of my lungs this summer and was screwed around by the va, and have been screwed around several times. They will not give me a doctor closer to me, I have to drive 150 miles round trip, the closest VA clinic is 4 miles round trip, they tell me am on a waiting list but there are no doctors. My doctor is retiring in a few weeks. I have been treated terrible by some other doctors here.

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I am sorry, my experiences bring back bad memories for other people too.

If someone isn't mental going in they will be coming out.

 

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3.5 years ago, I thought he BVA live hearing meant my appeals would be moving along....... then after a few years of false starts,,, it sits collecting dust again... (I don't know if the VA status updates are current or not, but my case just collects dust...) AGAIN.. ***sigh***

while I have had the opportunity to submit new IMO and evidence of wrongdoing by the va and doctor in my 1151.... my case just sits doing nothing....

also, I don't quite understand why they put in some diseases when I suffer from other diseases.. like I have necrotizing pancreatitis, yet they list the disease as IBS. Two different diseases, one is mild and just sucks the other is horrific and next step to cancer totally disabling. maybe they want to go back to the very beginning when I was first hospitalized in the USAF, when it was gastritis. Later turning to necrotizing pancreatitis. of course there is no one anywhere except the BVA judge who could explain what is going on while the years tick by.

Also, besides the IMO from the VA saying they caused the issues... but this about the doctor (Dr. Ho) that cared for me for along time, and now under investigation.


very same doctor for along period of time as both as an inpatient and outpatient.

=====

source article in news about the San Diego VA.
https://inewsource.org/2019/10/01/veterans-affairs-investigation-san-diego/?fbclid=IwAR3dIVQi4xECowjvEJpaaJYKBdq7M-hK9_mCCgw-6wWLrs7xkzTAl8-KjKg
=====excerpts about my liver and pancreas doctor who was my main doctor during my 6 months as they worked on my pancreas and liver disease.+++

 

....... continues at this point pertaining to me... by the Doctor in the article being my doctor for a long time.

Seven years of whistleblowing

After learning the latest on the congressional hearing, Buck told her story for what seemed like the hundredth time.

She was a liver researcher at the San Diego VA in 2013 — and a member of the VA’s research safety review board — when Dr. Samuel Ho proposed a study on veterans with alcoholic liver disease that would examine leftover biopsy tissue from the ill patients.

As Buck read the research proposal, she grew concerned that Ho planned to perform medically unnecessary liver biopsies for the sake of research, putting the patients at risk of internal bleeding and other complications.

Buck contacted her supervisors, warning them not to approve the study. It was approved anyway.

“I was hopeful for like, I guess 15 minutes,” Buck said. “But when I started talking to the people that could have stopped this, they just kept patting me on the head pretty much and telling me, ‘It’s okay. You convinced us. We’re not going to do it that way now. But now we’re going to do it this way.’”

Over the next five years, she and Chojkier reported their allegations to at least three federal agencies, were interviewed twice by the Office of the Medical Inspector and sent complaints to other research institutions involved in the study.

Months after the medical inspector’s office issued a report on her allegations in early 2018, Ho retired from the VA and took a job at a university in Dubai. He and the VA researcher who took over the project, Dr. Bernd Schnabl, would not comment for this story, nor would a San Diego VA spokeswoman.

The OMI’s investigation concluded that “no substantial danger to public health” occurred at the San Diego VA. But when the special counsel’s office reviewed that investigation, it said the OMI hadn’t fully addressed the whistleblowers’ allegations.

The OMI had already issued two reports, but the special counsel’s office told the OMI reinvestigate and produce a third report, which is not publicly available yet.

“These reports focus in so narrowly on small questions and miss the big questions, and it’s seriously concerning,” said C.K. Gunsalus, director of the National Center for Professional & Research Ethics, after reviewing the OMI’s investigation into the liver study. “They all have most of the hallmarks of really bad investigative reports that miss the mark.”

An internal report from the San Diego VA obtained by inewsource in February verified Buck and Chojkier’s main complaint: medically unnecessary liver samples were taken from sick veterans without their permission. The report said “serious noncompliance occurred” during the research, which put patients at risk — contrary to what the medical inspector’s report had said.

“It wasn’t professional,” Buck said about the OMI’s investigation. “It wasn’t what the veterans deserve. It wasn’t what the whistleblowers deserve. It wasn’t what the country deserves. I can’t imagine what they were thinking.”

inewsource intern Natallie Rocha contributed to this story.

 

 

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my claim at the bva may have move up back to decision soon... was like this in the past over the years... before being changed to getting more info and back to decisions. This time my appeal additional info sent to the bva includes the info on my pancreas/liver doctor who is trouble, and info on my 1151...

11-10-10_BVA_Decision_soon_BVA_Website_Snap1.jpg

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Good luck retired.

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