Defendant Uses Disabled Veteran's Disabilities Against the Veteran

[jk]

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

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.

Wow, I work with people every day that only wish their pain and symptoms were so limited.

[Gulskjegg]

Your inability to differentiate Feres Doctrine from 38 C.F.R. Compensation & Pension renders the remainder of your comments moot, if not demonstrative of your comical ineptitude. Please throw in some more red herrings as you flail about ineffectually.

I would object to the rest of your inane comments under facts assumed, or clarify the concept of "standard of care", but doing so would most likely result in your running home to momma like the rest of the dust-bunnies, er...I mean "senior members".

EDIT: On a good note, you did make me laugh.