Comments
  • SadMom January 25, 2012 at 8:38 am

    So do we all just forget about the Soldiers that had the PTSD changed to a personality disorder in order to be prosecuted or discharged with NO benefits. What happens to them. Is someone going to go back and fix the wrong?

  • Joseph Simpson April 6, 2012 at 9:00 pm

    I am a veteran who is fighting the VA for benefits since 2004. there have been major violations and failures on the part of the VA Regional office as well as violations of Due Process of Law as ruled by a BVA Judge. I have a remand that is ordered expedited since 2009 and nothing has been done. The VA is above the law and that must stop at any and all cost. veterans are suffering and no one cares. Homeless rates are Up, suicides are at alarming numbers and vets are losing everything due to the well documented neglegance with in the Dept. Of Vet Affairs and the regional offices. I am dealing with Philadelphia, which is one of the largest and also one of the worst in violations. Every American needs to demand an end to the claims backlog and the violations of vets rights. If the VA would follow their own rules and regulations and the Law we would not have the problems we have. Most if not all claims and appeals are valid and should be approved Now. Stop the suffering of our nations vets.

    • LAS_Admin April 7, 2012 at 9:36 am

      Hi Joseph, LawyersandSettlements.com some info on both Veterans disability claims and Veterans medical malpractice–on these pages: http://www.lawyersandsettlements.com/case/va-disa… and http://www.lawyersandsettlements.com/case/veteran… There are attorneys who review veterans benefits complaints, and any veterans with complaints can submit them here for an attorney to review: https://www.lawyersandsettlements.com/submit_form… Unfortunately, we do hear a lot of complaints about veterans and either disability claim denials, or issues with vets and PTSD, burn pits, not having jobs when they return from service–things this country should feel shameful about. There are lawyers though who specialize in veterans affairs, so do pass that along to others–and any vet who has a complaint can submit it for an attorney to review at the above link. Thanks for reaching out to us–I'm sure there are other readers who appreciate your posting as well!

  • Dennis Fitzgerald August 16, 2013 at 11:27 pm

    I am curious, how many veterans out here can actually relate to this situation and what were you able to get done about it:
    I had Surgery at the Houston VAMC in 2010, a misdiagnosed by pass for subclavian Steal syndrome. In the course of the surgery the "Physician in Training, with a suspended revoked Texas Medical board license" was the resident. In the end, my phrenic nerve was according to their doctor "inadvertently" damaged by the Surgeon during the surgery. I am now disabled and have not returned to work nor will I ever to the level I was when I went into this surgery, if ever at all.
    It took until Jan 2012 to get a C&P exam and here's my question:
    My C&P examiner, 1: stated he did not have nor had read my medical records but had been filled in noting nothing was of question in regard to my being disabled, only whether any negligence or unforeseen outcome occurred. 2: that he would receive those records before rendering any decision. 3: did not examine me in any way at all with my examination ending in less than 5 minutes.
    I brought this issue immediately to the attention of Mr. Steve Wooten of the Houston VARO, who had been handling my case, he sent me (which I still have a copy of) an email acknowledging that the doctor did not in fact have my records at the time of the exam, but would be irrelevant as he would read them before rendering decision.
    I finally after several request got a copy of my C-file last month and low and behold this is what I found:
    The C&P Examiner entered his decision on my case before I was even in the parking lot, literally 4 minutes after I left his office, This would mean that even if it were emailed to him he covered over 300 pages of surgical reports and ruled against me in less than 5 minutes. This of course is physically impossible, an outright act of malpractice in it's own right and a clear violation of Federal law and Regulations.

    I of course have called them out on this, that in fact it is clear and documented that the Houston RO was in fact complicit in fraud and intentionally covering up the circumstances of my claim.

    Mr. Wooten, was advised that I wanted his supervisors contact information, that under 1.201 a VA employee who has been advised of or has knowledge of must file with the Supervisor and the OIG for investigation, and that I was specifically pursuing such allegations.
    Mr. Wooten has sent me the following: I will not provide you with my supervisors name or contact information, and if you wish to pursue an investigation I will not submit information regarding such and you will have to do so on your own.
    He then advised me that he will no longer respond to any communications from me in the future.

    Really, I am absolutely astounded at the total lack of accountability of the Houston Veteran's Affairs. I have been fighting for what is right on this for longer now than I was actually in active duty at my PCS.

    Who has information regarding retaliation cases by the Case workers or administration at a VA Regional Office?
    Has anyone ever pursued or accomplished criminal prosecution of anyone EVER at the VA for violation of laws or the rights of a veteran (constitutional right to due process is clearly infringed here)?

    Well, there it is, I'm still fighting and it looks like I always will be. I've lost my company, vehicles, home, gotten divorced, and am now trying to live on less than 1200.00 per month Social Security and cannot afford to get an independent medical opinion supporting my claim.

    I'm open for any suggestions or input from anyone who has had similar events and how it can be resolved?
    I'm pretty good, but am at wits end on this, they seem completely immune from any procedural compliance, even the OIG is of no use, seems they really don't investigate their own unless they're stealing from the government.

  • D Fitzgerald April 1, 2016 at 3:08 pm

    Interesting, while running a search for VA injuries, phrenic Nerve injury, Mal practice. I came back to this post – from 3 years ago.
    Guessing you got nothin!

    I am in the BVA process on Remand now on my own. It amazes me the number of legal folks handling VA cases and how busy they are picking the lower fruit cases (honestly VA certainly provides enough for sure), but it leaves Vets like myself with complex cases, ON OUR OWN, pretty much just like the VA!
    Thanks for the boastful post about how the VA does so little for the vets, implying that lawyers do so much to help. Well, maybe not so much.

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