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. 

 

 

 

[Dan1865]

20 hours ago, GBArmy said:

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. 

It's been a long frustrating wait. Have you ever been to the website of the Office of Inspector General? If not, they have downloadable flow charts showing the different departments within the OIG. Well, every flow chart within this Office ends with the Veteran. For example; you look at the FTCA Claims Department. You would put your finger on the FTCA Claims and follow the arrow. It would take you to someone lawyers name. Then you follow the arrow from that person to another person. Once you get to the end of that arrow it ends at a big circle that says "VETERAN". The motto is "We take care of Veterans"! After this claim process; there motto should be "we fight veterans every step of the way"! 

The point that irritates me the most is when a gentleman calls you out of the blue and said he has a couple questions. You answer what he asks, you immediately submit the last document he said is needed. After that he says, "Thanks for the patience, its been a long time. Your claim will be finished within 30 days; but probably way sooner". The very next day, he scheduled me for the same exams again! Again, he calls me out of the blue. He said,"I have one question about your old employer address. Your claim is finished and will be closed next week. Thanks for your patience!" The very next day, I am scheduled yet again for more of the same exams.

Those 2 calls got our hopes up so high. My wife and I were ecstatic only to have it crushed the next day!! Stuff like this is what gives the VA it's horrible reputation!

[GBArmy]

Buck Don't be scared. You have every right to be concerned about your surgery. Not wanting inexperienced students doing it isn't something I would sign up for on any surgery. I always ask the surgeon "are you the one who will be doing the cutting or will it be someone else?" I go from there. Going into Community Care , you are in control. It's your body, not someone else's; make the correct decision for YOU. And, best of luck to you too.

 

[Buck52]

Thanks GB Army

I went to my VAMC on the 9th of this month  to E.R. Although I had an schedule appointment on this date 4/9.21  11:00 am at the urology clinic

I arrived about 10:45 at the urology clinic/Clerk said my appointment was canceled? I said WHAT? WHY?  Clerk said I don't know   so he calls the Dr and ask if he can see you today   and the Dr was to busy  and said Reschedule...another 3 months out...I mention to the Clerk I been waiting 3 months  now I got to wait another 3 months?   he said I can refer you to the E.R.  i Said ok I'll go to the E.R.

i went and had to wait and wait to be seen  finally they came and got me took me to a holding examination room and ask me my problem  I told them and they had me to strip off my clothes  everything  completely naked..I did and put on the old see through gowns they use.

Anyway they took me up to the Image.Radiology clinic  and did a sonogram  on my scrotum  ...the Dr or tech was teaching a woman how to do this &  ..sometimes the Dr was not in the room  but when he did come in he was looking over this woman shoulder and explaining to her what this was what that was and what its called  in other words he was trainnering her to read this Sonogram machine  of Images...

..same thing they use to see a woman baby while being pregnant...anyway I was told it looks as though I had a Hernia at one time  and it looks like its some fatty tissues growing in there  which he said was  very rare...also he mention I had a HYDROSEAL of fluids that need to be drained or surgically removed....but its nothing to be alarmed about  if its not painful and don't bother you  you can just opt not to have the fatty tissues removed  or the Hydroseal drained....

well it does bother me  its not painful  but its just to big and when I do a lot of walking  it rubs me raw in my groin area..

So Now I go back to  VA urology on the 20th of this month to talk to a urologist and I am going to ask him to do another sonogram test  to make dang sure  this is on the up and up sort-a-speak  an get this urologist opinion  and rather or not to trust them doing this type of surgery.?

..what worrys me is the sonogram Tech  or Dr or radiologist  whatever he was (CREDITIAL WISE)  the one that did the test and was teaching at the same time.

  I feel as though I need another test done by an experienced radiologist...to be sure they know what they see.  and make my decision on the surgery after that.?

..right now I am unsure what to do?  beings this tech or radiologist mention this was rare to happen..he has only see this one other time...I google it when i got home from the MAYO CLINIC and they said it is rare and could cause other complications during and after the surgery.   so yeah  I am a little scared about this whole thing.  ....It's called Lipotition or something like that  I don't understand any of this.

I had a good friend that was 32 years old  they had two kids and wife didn't want to get pregnant anymore so he had a vasectomy done  and the Dr really messed him up  he cut the into the wrong area  and after he was laid up in the hospital a few days and one night he was in excruciating pain and the pain meds he was on was not helping ...he went in to cardiac arrest  and died that night...this was caused from a botched up Vasectomy.

[GBArmy]

Buck Don't be scared. You have every right to be concerned about your surgery. Not wanting inexperienced students doing it isn't something I would sign up for on any surgery. I always ask the surgeon "are you the one who will be doing the cutting or will it be someone else?" I go from there. Going into Community Care , you are in control. It's your body, not someone else's; make the correct decision for YOU. And, best of luck to you too.

Buck Getting an expert opinion is never a bad idea. But just because the doc said it was rare, etc., doesn't mean that he was wrong. Just get confirmation and finding out your options on how to proceed is what you're doing and is what you should be doing. I'm thinking this is going to turn out ok in the long run for you my friend. 

[Buck52]

Thank you GB,

[Dan1865]

6 hours ago, Buck52 said:

Thank you GB,

Hi Buck or GB, 

How do you upload documents on this site? 

Thanks,