My question involves medical malpractice in the state of: Virginia
I have initiated a medical malpractice claim against the Department of Veterans Affairs, or "VA". To be as brief as possible, the Defendant (in this instance it is the Department of Justice that is defending the VA) has asserted that the reason the VA is not obliged to give me proper medical care is because I behave in a way that is "wilfully sedentary".
However, the reason I am sedentary is because I am a severely disabled veteran with stage 2 degenerative disk disease, among other disabilities. I served in heavy armored infantry units for my entire 14 year military career, including a combat tour in Iraq. From my perspective, the fact that the VA pays me Compensation & Pension every month is a de facto admission that VA is responsible for my disabilities.
I am looking into Res Judicata, or perhaps Arbitration and Award or maybe Failure of Consideration as a means to shut down the Defendant's assertions. If anyone knows of any means to establish with finality the burden back onto the VA, I would appreciate it. Thanks in advance!