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VA Treatment

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Malnick

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I am retired military(70% sc) and also retired from VA hospital. Last year sought treatment for bowel issue in SC after months of hospital stays, loss of 40 lbs and not able to eat for nothing passed through digestive system flew to Boston VA. The found bowel obstruction and removed 2ft 9inches of intestines' which was in a ball covered in adhesions(Oct 2019. They also found cyst that still needed to be addressed and notified Charleston VA. Go Boston I have been able to eat ever since.Gut full of staples and I flew back to SC. Took out my staples for CBOC couldn't do it. Avoided 4 hour round trip 2 Charleston VA. Cant believe what I found in VA notes, forgery and lies. I documented actual facts through journey. Saw VA several times about cyst waste of 4 hr drive.

March of this year had back and leg issues with severe pain, on same area of cyst. Surgery wanted new MRI. MRI not happening due to virus, but managed to get one done with my private insurance. After ER visits, having to resort to private sector and much ado, secure messaging to PC the cyst was removed in Sept. When surgical gave me the date they arranged everything and did a great job but issue was not resolved. Day after surgery drove 2 hrs home w/ 10inch incision in my gut. I can suck up a lot. During all of this I told all my back and leg was issue(sc). Well I have been in severe pain for months now and not able to walk on left leg finally had MRI severe central canal stenosis. Cant seem to get appt w/pain management, but got one same day through private sector PC after sending MRI results through healthy vet. My VA PC continually notified about severe pain and still no pain appt or assistance. Been dealing with back/leg(sc) issues since for years, stopped drugs and found workouts take pressure of and keeps manageable. Private sector has done epidural injections and may need surgery, I can limp a few ft now, still trying to get sleep. The VA no treatment as of yet. The last 2 tours beat me up being close to 50, should have stopped at 20 not 25. This is service connected and I have not received any type of abdicate care. Much unnecessary pain and suffering.

There are great people working at VA hospitals, but much that is beyond acceptable. I worked there so have seen it. I am pist and when I get through this I want this addressed so some other poor bastard doesn't get sub standard care. While working there I put on blinders to the shit around me and just went to my veterans homes and gave the best care I could to help the older veterans and setup medical equipment. Gave info on benefits they were entitled to and where to get help for many issues. Many don't do internet and have no clue to help they can get .Have vet rep friends and stayed up on benefits and info, not part of my job but so many needed additional help with medical bills, home help etc. Nothing like the WWII guys love the morals and values.

I don't trust IG, patient advocate, politicians etc. I don't care about money this shit is wrong and needs to be addressed. I need to go somewhere that will really address the issues, take action and make a changes for the better of all veterans. I have documented and keep all records to verify the bullshit I went through. Pretty sick and so wrong. Is media an option..which one will really cover it..

Cheers,

Marilyn

 

 

 

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Wow!  Thanks for posting this.  The VA should be held accountable.  THis Reeks of an 1151 claim, but, of course, I have not seen your records so I have no idea.  If I understand Berta correctly, you can get 1151 AND regular compensation, but maybe she can chime in on that. 

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I have a claim on that basis Broncovet.

SC and 1151 compensation

It regards OGC Pres Op #08-97, and the OGC is aware of that claim, due to a different issue I raised with them,  but I am the first claimant who ever produced that Pres Op as evidence. The VARO has ignored it as evidence and I am fighting back.

 

Marilyn said:

 " I am pist and when I get through this I want this addressed so some other poor bastard doesn't get sub standard care."

Yeah I thought when I won my FTCA case ( wrongful death of my husband) that VA would change their medical  approach- but I was wrong. A few months after he died a vet friend of his ( they were both VA employees)had just got out of the hospital and told me he had a colonostomy due to cancer ( which the local Bath NY VAMC had told him ,for years, was a case of hemmoroids.

I wrote a 1151 claim as while he had a cup of coffee. He didnt understand the claim at all.

I am not a service office and wrote it as if I was him. I referred them directly to the most recent medical records from Buffalo NY.

Within a few more months he came over with his award letter- 100% P & T 1151. 

I have a Bill S 221 in the Senate and also a bill with the H VAC on this issue.

I proved , with a lot of research , that neither Congress nor the public has no idea just how much VA malpractice costs the taxpayer,and worse yet, the cost of emotional pain and physical disabilities, and even death, due to it , have severely impacted honorable veterans and their families.

Between Covid affecting our Gov, and other concerns, I have not had the time to gain more sponsors for those bills.

My husband and this other veteran were treated as "employees" long after they left the VA.

They were both service connected veterans.Combat, Vietnam.

After spending many long hours in the Corning College law library, in 1995 ,going through a stack of files regarding VA regulations etc.( no internet as we knew it then) I sat on the floor exhausted when the librarian told me they were closing in five minutes. My hand touched one more file and I hesitated to open it, but I did and found a VA Motive for the malpractice and managed to xerox it before they locked the door.

You don't need a motive for FTCA and 1151 claims ( I filed both)

Everything I know about those types of claims is here in our FTCA, 1151 forum.

The only change to the standing info there is the fact that VA has begun to fill VAMCs with federal contractors.They wear white coats, have VA offices, and a lanyard identifying them as a doctor but the are NOT employed by the VA, and are not liable under FTCA.

The only recourse would be a Section 1151 claim.

Both FTCA and 1151 claims involve the same evidence.

Documented proof of malpractice and

Documented proof of disability ( or death) directly due to the Malpractice.

The VA fights these claims aggressively. You need a very strong independent medical opinion, and you might well need a lawyer.

My husband died 26 years ago next week. 

I had a PC since 1988 but could not find any IMO doctor nor would any lawyer help me. At least 20 lawyers told me I could not succeed in FTCA case.

They were wrong. I did the medical and legal work myself and settled with the USA.

Years later I filed for direct SC death and won. My FTCA offset had to be refunded to me, and also I gained REPS, Chapter 35 refund, Burial stuff, and other benefits that do not come with 1151 deaths.

There are plenty of IMO doctors and malpractice lawyers on the internet now.

They will need a copy of your complete VA medical records.

With 70% now from VA, do you also get SSDI?

Has Voc Rehab ever turned you down, solely to your SC conditions?

when you hit 70% did VA send you a TDIU form ( 21-8940)

Are you eligible for CRDP or CRSC?

I posted a link here available under the search feature on VA's "Providers"-those who are NOT VA employees and not under FTCA liability.

A VA doctor who treated me under CHAMPVA long ago, I learned, was not ever a VA doctor at all.

 

 

 

 

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