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I cannot find help to go after the VA for killing my husband. Attorneys say I don't have causation. How can I get justice?

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Answers

A1:  File claim for DIC benefit through DAV.  (AM)  2/6/19

A2:  If attorneys are saying you don't have causation, why don't you believe them. There is nothing anyone can do.  (AP)  2/6/19

A3:  Find your VSO and file 1151 claim.  (DB)  2/6/19

A4:  First let me say that I am sorry for your loss.You need to get all of his medical records as far back as you can.There ar numerous lawyers and veterans orgs that will take this on.The VA is always commiting medical felonies.Dont give up.If you believe his death was caused by the VA,you are probably right.Go to the media,they love these kind of stories.So don't give up,thats what the VA wants you to do.Please keep me informed on this and GOOD LUCK!!!  (PD)  2/6/19

A5:  Find experienced Vet Service Officer. Answer A3 is correct, file section 1151 claim for wrongful death. Also, (Google) Hadit.com. Can find attorney's there experienced with this type claim.  (JS)  2/6/19

A6:  I lost the previous comments.

Your question does not provide enough information in which to provide suggestions.

As with the VA there needs to be a nexus, a causation. As an example, a person (patient) has spinal cord compression and went to the neurosurgeon and had surgery. The neurosurgeon didn't complete a follow up after the surgery, the nurses didn't do the required checkups and thus the complications, such as with the paralysis and loss of sensation weren't identified and documented.

Since this is considered an emergency the surgeon should have been called and as a result no one ordered follow up tests, e.g. MRI and the opportunity to rule out conditions such as with a hematoma that was causing the paralysis and loss of sensation.

By the next day the patient was still unable to move their extremities and there was still no sensation with the extremities. By the time the surgery was done the paralysis was, for the most part, complete. Does this assist you in understanding the causation?

Additionally, attorneys are sometimes hesitant to file lawsuits against the government.  (SJ)  2/6/19

A7:  That is a very bold statement. It is missing a lot of information. Your attorney probably told you that there was no causation in an attempt to slow you down in a nice manner.   If you feel you are justified. Talk to the patient advocate for the facility where he died. The VA is very helpful in trying to solve these problems. Remember, most employees of the VA are veterans themselves and share a strong bond.  (TM)  2/6/19

A8:  Sadly you won't have the resources to challenge in the courts a va decision. Postponed postponed expert decision all the way to the moon and back. I am alive and fighting thyroid cancer from agent orange and I appealed and lost. I will die and that'll end it.  (JS)  2/6/19

A9:  A8: I would like to respond to answer A8 and his battle with Thyroid Cancer. I am concerned with the statement of "I am alive and fighting thyroid cancer from agent orange and I appealed and lost. I will die and that'll end it."

Don't give up A8.

I have been reading VA Case Law and I have found one or two veterans who have received approval for their Thyroid Cancer claim. Did you have your thyroid removed within the VA or did you go outside the VA? Did you request your medical records as it applies to your Thyroid Cancer? Have you contacted one of the veterans organizations to request assistance with this claim, e.g. Disabled American Veterans, American Legion, etc.? Have you consulted with a endocrinologist who has experience with the type of cancer that you have?

Hope this helps.  (SJ)  2/6/19

A10:  They almost killed me last year.
The ER Sent me home with an exploded Gall-Bladder and caused ""Sepsis."" Two surgeons saved my life.  I tried to get a law Firm to help me and they wouldn't touch it.  Malpractice apparently means nothing unless you have extended damage.   You will just have to keep calling law offices until one says "Yes," I will help you."   (CS)  2/7/19 


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