VA's DRO admitted error occurred

[Vync]

In August 2020, I filed a HLR for heart attack and was just called by a DRO. The DRO indicated the decision was in error because it was based solely on the wrong condition (atrial fibrillation) and did not address the heart attack at all. They will go over everything, including the strong "more likely than not" IMO from my non-VA board certified doctor. They said they would try to grant based off of the evidence of record. Of course, if granted, I would get another heart C&P for rating purposed. Should know something within the next couple of weeks.

[GBArmy]

Berta's advise is the best. But know that it isn't going to be easy. The VA isn't going to roll over for sure. Do your homework on a good VA Tort lawyer.

[Berta]

Someone here might help you:

https://nationaltriallaw.com/va-lawyers-veterans-medical-malpractice/

If you use a contact form, such as on this web site and you get a negative response,that response might have come from a paralegal or someone who just triages their emails and does not have a clue on VA malpractice.

In that case try to contact the lawyer by phone.

If you use any contact areas like this firm has, state as briefly as you can ,what you feel the VA has done, that damaged you.

Some malpractice lawyers might even have forensic doctors they work with,who can prepare strong IMO/IMEs.

GBA is right- I went toe to toe with OGC and one lawyer even said I was "too tough" but so were they.

But they also were friendly and nice and they knew I was not intimidated one bit by them.

We even kibbitzed about VA case law- and one lawyer gave me a tip- he said , if the SF 95  does not fit into the Statute of Limits, of course they deny on that basis right away. But when I asked what is the biggest mistakes vets or their survivors make on the SF 95, he said they either leave the damages etc stuff blank, or they fill in the blanks with a monetary amount and then forget to total the amount (s) properly on the form.

 

 

Edited January 11, 2021 by Berta
added more

[Berta]

I am rethinking the advice I gave-

Can you scan and attach their decision and Evidence List?

(Cover C file prior to scanning it)

I am concerned if this was granted as secondary SC or granted under Section 1151...

Also "Cardiology said they could not tell me to stop taking it because it was not provided by them."

What type of doctor at VA wrote the prescription?

Also have you looked throught the VA's "Providers "info here to see if whoever gave you the med in question, really works for the VA, or are they a federal contractor.

[Berta]

The "providers"  are federal contractors. They might have a VA office ,wear a VA lanyard, and a white coat, but they may not be VA employees at all, and thus are not covered by FTCA.

[Vync]

Hi @Berta,
I will be able to scan it soon, but as for your other questions:

- Regular secondary SC related to SC migraines/headaches (not 1151)
- The doc who originally wrote it was a neurology resident at the VAMC's neuro clinic. I will have to check, but believe the progress note was signed off by a VA attending doctor. No idea if either were actual VA employees or contractors at the time. Several other docs also renewed the prescription.

Additionally, I think the link you provided only applies to current employees. The medication was initially prescribed several years ago.

 

[Berta]

If you mean  the link for the "Providers".......

about 12 years ago under CHAMPVA I was treated by a "VA doctor" for a blood infection at a VAMC.

When the VA posted the Providers info some time ago

( I only knew of it because of a FTCA case I already mentioned here about two years ago*****) .

And for some reason I looked up the VA doctor who had treated me.

I learned he has been a federal contractor when he treated me 12 years ago and was still working at the VAMC as a federal contractor.

I called a long term VAMC employee ,who had just retired from VA and he told me that most of their doctors ( and maybe nurses) were federal contractors.I was stunned because it is one thing is I didn;'t know it but how many vets there didnt know it.

***** This was the Brian Tally case.

Tally had filed 1151 and FTCA. His state however has only a one year FTCA statute-

OGC told him AFTER his SOL ran out, that his doctor  who hey agreed had malpracticed on him was not a VA employee, but a contractor exempt from FTCA.

It seemed it took OGC 5 months to learn that, but I accessed the VA doctor who treated me and in mere seconds I determined he was a contractor-

I questioned OGC on that in a FOIA and never got an acceptable reply.

Then I learned more from the claimant.For some reason  a large vet org was involved in this as well-that the claimant Tally had been an unreliable historian ( a nice way of saying he had lied to me and also to the press in multiple on line interviews

about the resolve of his case.I immediately withdrew my interest in helping him.

This i why I have posted the Provider link here many times.

Veterans should know if their "VA Doctor" is -in fact -covered by FTCA.

I was surprised that this was not a 1151 claim.

My 1151 award clearly states the malpractice that occurred with my husband.

There is an additional concern I have on your situation-

you said:

"The doc who originally wrote it was a neurology resident at the VAMC's neuro clinic."

When I filed my SF 95 and named the negligent doctors as witnesses, my only concern was that they might have been residents, as there is a clause in FTCA and 1151 law that I believe exempts them from liability claims.

Our course -this was in 1995 and apparently none of them were 'residents' and all were fully employed by the VA. 

This is why claimants need lawyers to handle FTCA cases.