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legalgems, Lawyer
Category: Military Law
Satisfied Customers: 10224
Experience:  Just Answer consultant at Self employed
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What recourse does a veteran have when in the past five

Customer Question

What recourse does a veteran have when in the past five years alone 4 surgeries 4 infections and what appears to be a deliberate retaliation and cause of harm for written refusal care of a specific provider from a specific department at the VA being used?
Submitted: 12 months ago.
Category: Military Law
Expert:  legalgems replied 12 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 12 months ago.

I am very sorry to hear this; that is unacceptable; I have spent quite some time trying to find a non profit that could assist with this, but the best I could locate is a patient advocate where complaints can be lodged and they will attempt to get to the bottom of the issue.

That information is here:

The inspector general's email is here: email *****@******.***.

Recently the press has focused more attention on the quality and quantity of care for our veterans, but unfortunately it has not been consistent enough to make a noticeable difference.

Sometimes internal methods such as the patient advocate don't work too well so one needs to go to outside alternatives; that involves money (if one is successful) and if one does not wish to keep it it can always be donated to a charity.

This is how to file a complaint:

and here is the form:

The filing statute of limitations is two years to present an administrative claim from either the date of malpractice, or the date that you knew or should have known of the malpractice (after exercising due diligence)

It would be best to find an attorney specializing in VA medical malpractice insurance; the damages recoverable are monetary (medical bills), pain and suffering, and possibly punitive damages.

Here are some links to interagency departments for specific complaints:

You may also want to reach out to the government's special team for veteran affairs:

and of course your local representatives.

Hopefully if enough people complaint there will be an internal audit; if individual medical providers are held liable, that can also help with the underlying issue of being understaffed.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.