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. 

 

 

 

[Berta]

Yes, Dr Bash is SUPERB!!!!!!!!!!

I developed the IMO/IME criteria here from the two superb IMos he did regarding my dead husband.

I have known Dr. Bash for a long time- electronically-and just heard recently from a vet who finally won his claim after 10-12 years! or maybe even more- and Dr. Bash was part of his BVA hearing.

It was an astonishing victory and Dr. Bash's IMO/IME did the trick.

As to your malpractice issue-

I appreciate that you are willing to support the bill with your personal experience.

But neither the Senate or the House can help with any individual  VA claim .

The bill has no significance to me at all, for any monetary gain,or VA award.

The purpose of it is to stop the high level of VA medical malpractice.I have been working on the NPDB issue since around 1998-when I found out that my husband's wrongful death settlement was NOT reported to the NPDB, and further research made me realize how much malpractice the VA hides from the public and from Congress.

It grew out of a White House Complaint I made that went to the VA Office of Accountability.

In the amendment, in the link is probably the additional amendment I asked for-by writing to the sponsors, individually.

I expect this Bill to pass the House.

 

 

 

[Dan1865]

Hi Berta, 

I am more than willing to help out with anything when it comes to holding the VA accountable. The things that VA does and is able to hide is absurd. It's pretty pathetic that they will not report the truths to the American public. 

I am headed to the post office this afternoon to mail everything certified to the politicians offices who are the sponsors of this bill. 

Believe it or not, when all of this was going on. The surgeons did not come in to explain. They sent in a nurse anesthetist and her boss the anesthesiologist to talk to me. The surgeons were to scared to come in to explain. Of course, when my mom, dad, and wife asked questions these 2 individuals just deflected the questions to the surgical department and gave me a 800 number to call. 

[Berta]

Thank you Very Much!!!!!!!

I too am holding the VA accountable on another recent malpractice issue but using FAX instead of snail mail.It could positively affect many 1151 vets, or their surviving spouses.

It would affect their compensation without offset or combining of  SC ratings with 1151 ratings.

If more vets ,with valid  complaints ,that could positively affect more vets then they know,would take the bull by the horns, and complain to the H VAC or S HAC, or to the Secretary himself, and to their POA orgs,maybe the VA would change for the better.

If I had not fought back for the last 26 years -(I assumed my dead husband's pending claims) I would have NEVER succeeded.

My daughter, a veteran, is the only support system I ever had.

We are both fighters. 

 

 

 

 

[Dan1865]

Hi Berta and all Awesome People on this website! Were all Veterans or families of one tired of the VA. That just makes us awesome people!!

Just yesterday, I was told a decision was forthcoming on my VA claim. Guess what happens today? Instead of a decision; they put me back in gathering of evidence. Unbelievably, they scheduled me for more exams. I can not wrap my head around this. 

I am now scheduled for a PTSD exam. The lady at the call center told me that this will be the 6 PTSD exam between 3 in person exams, an exam re-work/medical opinion, and now this. 

I am now scheduled for an exam on my stomach. The reason for the 1151 claim is because their own surgeons jacked my stomach up for the rest of my life. When talking to Dr Bash about the Independent Medical Opinion, it literally took him 15 pages of my VA medical records to explain to me that the VA committed 15 1151 Violations. Then he wrote the 5 page medical opinion. 

I am so frustrated right now with this system. 

It just feels like the VA is trying to find one of their terrible physician assistants to write up something in their favor to deny my claim. It seems like they are trying to find one person to agree with them out of the bunch that I have seen that agree with me! 

[Dan1865]

Hi Berta, do you have the fax number? I have a fax machine at home. I will definitely fax all the documents as well!

[Dan1865]

Here are some of the documents I have promised to send for all to review.

The VA OIG investigative report on Dr. Moustafa is VAOIG Report- 15-02994-269. 

The entire nightmare was at the Detroit VA Hospital. John Dingell VA. 

I will be submitting more documents soon. 

Thanks,

Dan

Independent Medical Opinion Dr_ Bash.pdf VAOIG-15-02994-269 (1) (1) (1).pdf