Just need advice on what to do?

[Dan1865]

Hi All, 

I filed a claim for benefits on Feb 4, 2020 and am still waiting for a decision! Here is what I claimed and will explain.

1. VA 1151- I was diagnosed with appendicitis at the VA hospital. Then said it was an emergency and surgery needed to happen ASAP. Thirty-four hours later they performed the surgery. The student surgeon was allowed to perform the surgery by himself with no attending surgeon present. The student messed up and almost killed me. He ended up leaving almost 5cm of a 6cm organ in my body. Over a 3 month period I kept on getting sick. Out of the blue, I became very ill with high fever, vomiting, and horrible abdominal pains. Went back to ER and they discovered I had appendicitis again. This is when they found out the organ was leaking and in tack. The surgeons tried to say it was a mistake on the CT exam. 

I went into the OR for a second surgery. They had to abort the surgery due to the lack of instruments. 10 days later I had a 3rd surgery. In the end, I now deal with major problems with my colon and stomach due to the constant infections. I have a rare form of chronic colitis. I have submitted everything imaginable to the VA. I have a nexus letters from 2 doctors who are specialists in surgery and GI. I have a Medical Opinion from a highly regarded Surgeon/Radiologist. The IMO clearly defines the many 1151 violations. The attending surgeon was also investigated by the OIG. He was terminated for allowing students to perform surgery without him present. OIG discovered that during surgeries he would not even be in the hospital, but would sign off on the surgery a day or 2 later like he was there.

2. Non Combat PTSD. 

    Everything is clearly documented. I have multiple buddy statements and records from this time period. They have a boatload of information; including, records from a civilian hospital suicide attempt. 

3. Unemployability: I am on SSDI for the GI Issues, Mental Health, Ischemic Heart Disease. and Paraneoplastic Syndrome associated with tumors in my lungs.

I had all exams before May 20, 2020. I figured they would have given me a decision by December. My doctor told me to write my senator; which I did. They told the senators office they were waiting on employment records. I get a call in Jan telling my claim was about finished and he needed a different address for a previous employer. I explained the employer went bankrupt and there is no address. He said my decision would be completed in 30 days. The very next day I get a call from my VSO stating they scheduled me for more exams. Believe it or not, they scheduled me the same PTSD exam I had in May of 2020. It ended up being with the same doctor as the first. He said in 22 years he has never had to do the same exam on someone during the initial Claim. So, for 3 hours we went over the first exam report. He made changes and submitted it the VA. Then in middle of March I get a call from the same guy at the VA. He told me my claim was done and I should have a decision within a week. My wife and I was super excited. The lady at the senators office received a statement stating a decision was forthcoming very soon. The very next day, my VSO calls me and said they scheduled you for PTSD "rework" exam. The same doctor yet again; 3rd time now I have seen this guy. We were able to do this exam over the computer and it was only 8 mins. Then on March 23,2021 they scheduled a new exam. This exam is a record review only. I received a VES overnight stating my record review was completed on 4/8 and it gave me the Physician Assistants name. So, again I sit here and wait. 

Sorry for the long post and thanks for reading. What else can I possibly due to receive a decision? My health is declining and want to make sure a decision is reached to find out what I need to do next. My ultimate goal is to hold this VA system accountable for what they did to my body. They really jacked up my stomach and colon by doing what they did on a routine surgery. My goal is to make sure that the kids are taken care of in the event something happens to me. 

 

 

 

[GBArmy]

Dan1865 Hi; welcome to Hadit. I think your claim wins the trophy for the VA's delay tactic of the month! It is more than terrible. In any case you must wait for your decision letter in order to appeal, that is, if you need to appeal. It was just last week so check to see if you have received any deposits in your checking account and also see if your combined rating has changed in the " letters" section also. If you don't get a decision in a week, you could put in an IRIS inquiry and/or call your Congressman to get an update, but that isn't the fastest thing usually. You just have to give it a little time but with the run around you've gotten, don't be surprised if you are not satisfied with your decision and want to appeal. 

[Berta]

I am a successful FTCA and 1151 claimant.

I think it is best to wait for the decision.

BUT I also know how aggressively the VA will fight 1151 issues ,in most cases.

Hopefully the IM0/IME doctors followed the IMO/IME criteria here at hadit.

1151 requires documented medical proof of the malpractice and documented medical proof of how the malpractice caused the additional disability (pr disabilities)-or -as in my case -how the VA caused my husband's death.

One of my Bills on VA malpractice has passed the Senate and I asked my church to pray that Congress passes it as well.

S 221   Department of Veterans Affairs Provider Accountability Act116th Congress (2019-2020)

https://www.congress.gov/bill/116th-congress/senate-bill/221/all-info

It might help you to help others by telling the sponsors of this bill of your situation.

I had to write to them all, to amend the original bill they prepared.

None of them were veterans and never dealt with the VA.

I will post their name and addresses if you ask them to put your malpractice issue into the Congressional Record.

The VA hides their 1151 stats and hides many of their FTCA settlements. 

This bill is to help prevent further malpractice, by getting the VA to honor the NBPD mandate.

I think you are out of the FTCA Statute of limits-but I often tell vets to file both under 1151 and under FTCA if thy have been harmed by VA medical care.

The good part for me was that the Office of General Counsel-VA- who handles FTCA---

can READ.

I received some of the most ludicrous 1151 denials I ever saw, from the Buffalo VARO.

My FTCA case however, based on the same charges, was one of the easiest claims I ever prepared. It took a lot of work and I had no IMO/IME but my evidence of malpractice was impeccable.

We really cannot help until we can see the decision. Please scan and post it ,to include the Evidence list ,when it comes ( cover your C file # ,name, address prior to scanning it.

 

 

Edited April 15, 2021 by Berta
added more

[Berta]

Anyone here with 1151 or FTCA issues can write to the bill's sponsors. This is part of my letter asking for the bill to be changed- which it was. (Sent March 2019)

Please Note that some of the bill's sponsors have changed but all can written to at                                                             

354 Russell

Senate Office Building 

Washington DC 20510  

 

CC: Senators, Manchin, Moran, Collins, and Cassidy   ***                           Re: S 221,

                                                                              “ The Department of Veterans Affairs Provider    

                                                                                       Accountability Act.”

I also enclosed evidence such as:

          " I have enclosed  the Section 1151 award I received, which cover some , not all , of the malpractice 2 VAMCs caused, which ultimately caused my husband's death.I subsequently proved that the VA had also malpracticed on his Diabetes Mellitus due to his Agent Orange exposure in Vietnam during the war.                                                     Exhibit A   Section 1151 DIC    1 page"

And other evidence which is too sensitive to mention here, as well as proof of how the VA hides their true malpractice statistics from Congress and the public.

 

 

[Buck52]

I hate to hear about this kind of VA Mishaps.

Way back in 1984  I woke up one sunday morning hurting and feeling sick and could not get up out of bed, I felt like I had the Flu and my stomach was hurting bad bad, I usually watch the NFL Football games on Sunday   this day I didn't care about anything  I felt as I was dying.

Anyway my neighbor and father -in-law came in and told me they were going to pick me up and take me to the Hospital  well they did just that   I ask them to take me to the VAMC in the nearest town 40 miles away.

I got to the hospital and fist thing they did was pump my stomach out  and rushed me for exploratory surgery (Diagnose Acute Appendicitis )   

Anyway I had the surgery and everything went well for me, I wa sin the hospital a  couple weeks , the day before they discharge me  I had to go to speciality clinics and get checked out medically...most clinice just had me sign there clinical sheet .

  I was also taken to the Audiology Clinic for a hearing test...I took the test  and the Audiologist  ask me if I have a hearing problem?

  I said well I usually have to ask the person to repeat what they say the first time I can hear them but can't understand what they are saying  and I just figured I needed my ears cleaned out or to much wax built up and I was in denial about my hearing problem.

   This Audiologist mention to me he said well according to your hearing test you show to have a profound severe hearing loss more in your right ear but both ears show a magnificence amount of hearing loss, he mention to me  you should file a claim for it  the VA pays compensation to veterans with disability, although you may have been tested when you got out, but if you damage your ear drums while you were in the military  this could be the reason for your hearing loss?   like was you around loud sudden noise while you were n the military ?  I said well yes I was in Vietnam around gun fire artillery fire  Rocket & Mortar fire  and my ears constantly ring inside my head...he said BINGO you have what is called Noised Induced Bilateral hearing loss and it gets worse over time....

I filed a Claim for hearing loss and was denied at first  but I appealed that decision and was giving another hearing test at my C&P Exam  and I got an increase on my hearing loss  at 50%

Had I not went to the VAMC for the exploratory surgery and they rechecked all my other medical conditions  and found I had hearing loss I most likely would not have ever filed for hearing loss  I just never thought about it   but my wife and kids knew I had a hearing problem and I never wanted to admit it.

If it was not for this VA Audiologist letting me know I should file a claim  I would not be were I am today  I have filed 3 more claims since then  and have about a year left for my 20 year constant service connected conditions.

Now I have a PROSTATE PROBLEM and need surgery on my scrotum and the VAMC i use only has one surgeon and they to let students do the surgery...I am going to ask to be outsourced and go to a private Dr   DUE TO THIS REASON..try to avoid the mishaps that happen at the VA...COULD VERY WELL SAVE MY LIFE.?  IT'S SCARY HEARING ABOUT THIS POST.

i WISH YOU THE BEST AND YOU GET THE MEDICAL HEALP YOU NEED AND ALSO I wish you the best  with the 1151 claim  go after then my friend.

[Mr cue]

If they denied your claim when u appeal.

Point out they they are developing to denied. To bva

By law there is no need for that many exam for the same issue.

 make sure u point out every exam date. It sounds like 4 exam in a yr.

 

Just in case the us court will address it if it gets that far

 

[Dan1865]

18 hours ago, Berta said:

I am a successful FTCA and 1151 claimant.

I think it is best to wait for the decision.

BUT I also know how aggressively the VA will fight 1151 issues ,in most cases.

Hopefully the IM0/IME doctors followed the IMO/IME criteria here at hadit.

1151 requires documented medical proof of the malpractice and documented medical proof of how the malpractice caused the additional disability (pr disabilities)-or -as in my case -how the VA caused my husband's death.

One of my Bills on VA malpractice has passed the Senate and I asked my church to pray that Congress passes it as well.

S 221   Department of Veterans Affairs Provider Accountability Act116th Congress (2019-2020)

https://www.congress.gov/bill/116th-congress/senate-bill/221/all-info

It might help you to help others by telling the sponsors of this bill of your situation.

I had to write to them all, to amend the original bill they prepared.

None of them were veterans and never dealt with the VA.

I will post their name and addresses if you ask them to put your malpractice issue into the Congressional Record.

The VA hides their 1151 stats and hides many of their FTCA settlements. 

This bill is to help prevent further malpractice, by getting the VA to honor the NBPD mandate.

I think you are out of the FTCA Statute of limits-but I often tell vets to file both under 1151 and under FTCA if thy have been harmed by VA medical care.

The good part for me was that the Office of General Counsel-VA- who handles FTCA---

can READ.

I received some of the most ludicrous 1151 denials I ever saw, from the Buffalo VARO.

My FTCA case however, based on the same charges, was one of the easiest claims I ever prepared. It took a lot of work and I had no IMO/IME but my evidence of malpractice was impeccable.

We really cannot help until we can see the decision. Please scan and post it ,to include the Evidence list ,when it comes ( cover your C file # ,name, address prior to scanning it.

 

 

I am very sorry to hear about your husband!

Thanks for the info. I will definitely tell the story in detail to the sponsors of the bill. As far as uploading the evidence, that is no problem at all. I will redact my personal information from the evidence and show everything. 

I filed a FTCA claim and it was time barred. I tried to find an attorney to assist under "Equitable Tolling" as in the case of "Wong"; but none would assist due to the overall costs associated with the claims. One attorney wanted me to pay huge money to have his assistance. They all said my case is very very strong and the evidence is overwhelming. The process to have equitable tolling granted is very expensive from what they explained!

The OIG investigation on the surgeon took about 4 years to complete. If the VA would have notified me of this investigation as the OIG ordered, I would have known about being able to file claims against them. Unfortunately; just like many people, we are oblivious to our options for recourse. The VA does a very good job at hiding behind the white coats. One of my doctors told me that a civilian hospital executives would hurry up and do everything to take care of you to avoid litigation and media. 

The VA hospital gives me the heeby jeebies and makes me cringe anytime I walk thru the doors. I do not go there for any care due to their negligence, my wife does. The woman's clinic has just turned into a referral service for outside doctors. My wife just goes there for referrals!!