V.A. USC 1151 Denial - hernia mesh - Questions/Inquiry

[jrpenwarden]

Washington,
PVAMC (Portland V.A. Medical Center)

Hernia Repair/Mesh placement 2012, cut to long, vomiting daily in a.m. since surgery, lost 50lbs. in first 6 months, told by surgeon I was imagining it for approximately 18 months following surgery, then referred to NW Pain Clinic, have had several nerve blocks prior and post surgerically of spinal neuro stimulator, using walker to get around since shortly after surgery and hernia brace in combination with already existing service-connected knee braces and a cane, has amplified my service connected back, hips, and knees tremendously, have broken 3 or 4 teeth (mollars) over 5 years and continue to have dental problems, attempted to wear hernia belt and it irritated top portion of mesh where it stick out into the fascia d/c'ed, have been prescribed various (4-5) topicals to include a cancer cream w/o resolve, Had spinal-neuro stimulator implant from 4/17-4/18, Have recently been denied on V.A. USC 1151 claim for (service-connected ? 30 years out) hernia residuals. 2 - 5 years on appeal.
Have dental and most of the V.A. medical records. Need professional guidance with this it is many years in the mix and certainly feel as though I've been railroaded. I need help, representation. To file a TORT claim, denial date 4/18. This and a recent denial for my Right hip service connection that has been in the works for several decades have really made my life miserable. I need HELP ! Legally, Medically, and Financially. Please advise, Thank You

This is not to mention the SSD award/denial/appeal/remand/appeal/remand/partial decision (not dated) that has been lost in paperwork for over a year and been in the works since 1997 with the AOD and EOD being in question for the award ?

 

[quincy]

Washington,
PVAMC (Portland V.A. Medical Center)

Hernia Repair/Mesh placement 2012, cut to long, vomiting daily in a.m. since surgery, lost 50lbs. in first 6 months, told by surgeon I was imagining it for approximately 18 months following surgery, then referred to NW Pain Clinic, have had several nerve blocks prior and post surgerically of spinal neuro stimulator, using walker to get around since shortly after surgery and hernia brace in combination with already existing service-connected knee braces and a cane, has amplified my service connected back, hips, and knees tremendously, have broken 3 or 4 teeth (mollars) over 5 years and continue to have dental problems, attempted to wear hernia belt and it irritated top portion of mesh where it stick out into the fascia d/c'ed, have been prescribed various (4-5) topicals to include a cancer cream w/o resolve, Had spinal-neuro stimulator implant from 4/17-4/18, Have recently been denied on V.A. USC 1151 claim for (service-connected ? 30 years out) hernia residuals. 2 - 5 years on appeal.
Have dental and most of the V.A. medical records. Need professional guidance with this it is many years in the mix and certainly feel as though I've been railroaded. I need help, representation. To file a TORT claim, denial date 4/18. This and a recent denial for my Right hip service connection that has been in the works for several decades have really made my life miserable. I need HELP ! Legally, Medically, and Financially. Please advise, Thank You

This is not to mention the SSD award/denial/appeal/remand/appeal/remand/partial decision (not dated) that has been lost in paperwork for over a year and been in the works since 1997 with the AOD and EOD being in question for the award ?

I am not sure I am following the history of your medical problems correctly, or understanding exactly what you want to accomplish, but I question whether there is a statute of limitations issue with filing any legal action now.

Could you please clarify, as simply as possible, what it is you are hoping this forum can do to help you? Thanks.

I am sorry to hear you have been suffering for so many years.

 

[Taxing Matters]

Need professional guidance with this it is many years in the mix and certainly feel as though I've been railroaded. I need help, representation. To file a TORT claim, denial date 4/18.

I agree with quincy that it is not quite clear what is that you want help with, and it appears that you may want help with more than one thing in connection with this. So a little clarification setting out each of the things you need help with would allow for more meaningful comment.

As for suing the VA for a tort claim (which I'm guessing is for claimed malpractice for the 2012 hernia procedure or perhaps with some follow-up treatment for it afterwards) the first step is that you must first file an administrative claim with the VA. Standard Form (SF) 95 may be used to make that claim, though the form is not required so long as the claim (e.g. letter, etc) that you do submit contains the same information that SF 95 asks for and is submitted to the proper office of the VA. The problem is that this administrative claim must be filed within two years of the act that gave rise to the claim or in some cases within 2 years from the date you knew or should have known of the existence of the claim. This is a requirement under the Federal Tort Claims Act (FTCA). If you do not file the claim within that two year period you are barred from suing the agency. The VA has a page with information about FTCA claims against the VA. It contains a link to the page listing the General Counsel offices to which the claim would be sent. Which counsel office it goes to depends on the state in which you reside.

So if you wish to sue for medical malpractice regarding the 2012 hernia operation, in general you had to submit the administrative claim to the VA general counsel within 2 years of that operation, meaning sometime in 2014. If you did not do that it may be way too late for you to pursue this now. I'd strongly recommend you see a lawyer with FTCA litigation experience ASAP if you are thinking of suing the VA over any part of your treatment for this because that two year time clock is not something you want to let run out. It is a good idea to have the lawyer help you with the SF95 since what you say in that claim is important for the lawsuit later on and you don't want to say something in it that could come back to hurt your chances. Some lawyers won't take a FTCA case where the client has already done the administrative claim himself for that reason.

 

[quincy]

For help in Washington, here is a link to Washington's Attorney General's Office website with legal assistance that can be available for veterans and military personnel at low or no cost:

https://www.atg.wa.gov/legal-assistance-veterans-military-personnel