Re: Defendant Uses Disabled Veterans Disabilities Against the Veteran
You do realize you are simply a joke here, right? Tossing around a few terms here and there all the while complaining of your inability to mount a reasonable offense is simply laughable.
Oh, and since you want to toss about the FTCA, of course you do realize several things about it such as:
1. It exempts the federal government from liability for injuries sustained incident to their service (the Feres doctrine).
Your claim appears to be such a claim. Of course your intentional omission of any real information makes that difficult to ascertain though.
2. the discretionary action exemption
this also seems to be a large part of your claim
It also exempts the fed government from punitive damages. So, what are your actual damages? So far you have not even suggested you have any damages, let alone actual damages.
Since you want to make some claim on judicial estoppel, just what action have you had this judge take which they are now attempting to reverse? If you are claiming your argument about the fact you are receiving disability payments, you are way off course.
what it appears to be is you are arguing they are refusing to treat you because you simply do not follow doctors orders. Unless the treatment is life saving, it becomes discretionary which means based on the FTCA, they are not liable here. Beyond that, a physician does have the right to fire a patient that refuses to comply with their orders, regardless they are employed by the VA or not.
as to your claim of severe disability due to stage 2 degenerative disk disease, check this:
This cascade of degenerative changes can be subdivided into 3 stages: dysfunction, instability, and restabilization
Wow, I work with people every day that only wish their pain and symptoms were so limited.
The dysfunction stage is followed by the instability stage, in which disk resorption and loss of disk space height occur. Facet capsular laxity may develop, leading to subluxation. The symptoms are those of dysfunction (ie, "giving way" of the back, a "catch" in the back with movement, and pain with standing after flexion). The signs are abnormal movement (ie, during inspection or palpation), including observation of a catch, sway, or shift when standing erect after flexion.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.