Inadequate Care from Veteran's Authority

[Gulskjegg]

My question involves labor and employment law for the state of: Virginia

I am a disabled veteran. About a year ago I got into a little scuffle with the Department of Veterans Affairs. Long story short, my problem actually made it on to Fox News:

http://www.foxnews.com/us/2010/04/19...rual-disorder/

At the time of the story, I had an active claim against the VA that resulted in a moderate back-pay. I took the money and started a 501(c)3. The non-profit's mission is to reach out to homeless veterans in an attempt to help them access their earned medical, dental, and pension benefits.

It would seem the VA is not very appreciative of my efforts to help homeless veterans. There may also be repercussions from the Fox News story, but here is the end result: http://www.veteranstoday.com/2010/08...w-is-harassed/

Shortly after the above story broke, I found it impossible to get medical treatment for my various combat-related health problems. I was, however, able to document this medical malpractice quite easily. So, six months ago I filed a Federal Tort Claims Act suit against the VA Medical Center. The case is proceeding rather well, with a fully supportive Independent Medical Evaluation.

Something I have begun to notice is an inordinately high amount of individuals around me in my daily life that have VA Medical Center parking stickers on their vehicles. I know this because I am a volunteer at the VA Medical Center (remuneration, thus protected by EEOC). I have a VA parking sticker on my car as well. Also, the further my medical malpractice case against the VA advances, the more frantic and obvious the attention on me becomes.

Case in point, a few weeks ago, my wife and I stopped by the local Burger King to grab something to eat. We ordered, and stepped to the left to await our food. An individual walked into the Burger King and promptly began a conversation with the girl behind the counter. The individual then openly stated that he was an informant for the Department of Veterans Affairs Police. I recorded the entire incident on hidden camera.

To clarify before anyone asks, yes, the VA Police are fully authorized the use of confidential informants under 38 C.F.R. § 1.496, and VA Police can operate both on and off VA property under 38 U.S.C. § 902. The VA Police also have a rather colorful reputation for dirty tricks and retaliation.

On top of all the above, there are also irrefutable and documented incidences of civil rights abuses against me, and they have been filed and carried forward by the VA Office of Resolution Management, but they now appear to have stalled with no real resolution.

I have attempted to deal with this problem by using the VA chain of command. I filed my grievances six months ago (as of the 17th of this month, May 2011), Last week I requested an update of status, requesting any partial or incomplete evidence. The VA responded by sending me two utterly irrelevant letters from last year on a totally unconnected issue.

At this point I will consider filing an actual lawsuit against the VA. Does anyone have any experience in this area? Thank you in advance.

[antrc170]

Shortly after the above story broke, I found it impossible to get medical treatment for my various combat-related health problems. I was, however, able to document this medical malpractice quite easily..

How is it that the VA can be responsible for medical malpractive without seeing you? If the condition was life threatening then you should have reported to a local hospital for treatment. While there are federal laws detailing the treatment of veterans, the failure to treat would not be malpractice.

On top of all the above, there are also irrefutable and documented incidences of civil rights abuses against me, and they have been filed and carried forward by the VA Office of Resolution Management, but they now appear to have stalled with no real resolution..

I fail to see how the incident at the Burger King is relevant. The person was holding a conversation with another party about his position with the VA. He was not harassing you, barring you from going about your business, or anything else "dirty". According to Virginia 19.2-62, the state is a "one party state" which means that one person involved in the conversation must consent to any recording of a private conversation. It is a class 6 felony. Even though it is a public eatery, there is not sound recording devices present, nor would a reasonable person assume through the natural course of the business that such would be present, the persons would have an expectation of privacy to their conversation against unlawful recording.

My problem with your situation is that the VA is an underfunded and often unappreciated system. Instead of working with the VA to help streamline the process to minimize mistakes, you are activily causing a problem and slowing down the process for the rest of us. It was great that you were able to point out the problem that you experience with the VA system, but change does not happen overnight and often requires veterans to work with the VA to help correct it. All I can see is you antagonizing the system which creates a hardship for the rest of us. By "us" I mean other disabiled vets such as myself.

[Gulskjegg]

Ok antrc170 your comments, and attendant spin, are appreciated. However, please be aware that you may be in error where the truth is concerned.

"While there are federal laws detailing the treatment of veterans, the failure to treat would not be malpractice."

Please review Deasy v. US., 99 F.3d 354 (1996) for a clarification: http://www.forensic-psych.com/articles/caseDeasyvUS.php

If you wish to continue the discussion or comments after review of the above, please feel free.

[antrc170]

The problem with the case that you quoted is that the doctor failed to refer the person after that person had already become a patient. If you aren't a patient, under the care of the VA, then you can't have a malpractice. Also, a malpractice suit is directed at a specific doctor for a specific action. The controlling entity can also be held responsble for the actions of its employee's, but there must be some actionable cause. "They didn't treat me" is not in itself enough cause to raise malpractice unless it was a life threatening condition that they had an immediate duty to treat.

Failure to treat though an established law or policy would fall under a different type of civil suit, more along the lines of a breach of contract.

[Gulskjegg]

Not to belabor the point, but my Federal Tort Claims Act suit is not the key issue, only a possible justification for retaliation. Of primary importance is the existing civil rights complaints. Are there any actual attorneys or paralegals on this forum?

[antrc170]

This forum is not a referral service if you are looking for one here, try google. If you are looking for advice, there are plenty of lawyers, paralegals, court personnel, law enforcement, etc.

What civil rights violations are you alleging? As I've pointed out the issue in the BK was not only not a civil rights violation, but a possible felony act on your part.

Following you to ascertain if you are involved in fraudlently claiming benefits from the VA is also not a civil rights violation. Being denied access to a treatment facility is not a civil rights violation either, because the VA is a restricted access hospital.

If you don't like my advice, thats fine, but I'm merely pointing out the flaws in your theory or understanding of the law.

[Justme1234]

How is it that the VA can be responsible for medical malpractive without seeing you? If the condition was life threatening then you should have reported to a local hospital for treatment. While there are federal laws detailing the treatment of veterans, the failure to treat would not be malpractice.



I fail to see how the incident at the Burger King is relevant. The person was holding a conversation with another party about his position with the VA. He was not harassing you, barring you from going about your business, or anything else "dirty". According to Virginia 19.2-62, the state is a "one party state" which means that one person involved in the conversation must consent to any recording of a private conversation. It is a class 6 felony. Even though it is a public eatery, there is not sound recording devices present, nor would a reasonable person assume through the natural course of the business that such would be present, the persons would have an expectation of privacy to their conversation against unlawful recording.

My problem with your situation is that the VA is an underfunded and often unappreciated system. Instead of working with the VA to help streamline the process to minimize mistakes, you are activily causing a problem and slowing down the process for the rest of us. It was great that you were able to point out the problem that you experience with the VA system, but change does not happen overnight and often requires veterans to work with the VA to help correct it. All I can see is you antagonizing the system which creates a hardship for the rest of us. By "us" I mean other disabiled vets such as myself.

I am sure he shows up in that VA system's patient database. That alone should qualify him as being under their care. There is a duty to treat.