Tom Murphy TBI

Who Was Behind TBI Misdiagnosis Scandal?

Kare 11 reporter AJ Lagoe highlighted the identities of two senior VA officials in charge of the systems responsible for screwing up TBI exams for more than 20,000 veterans.

Since 2015, Lagoe has worked on covering the TBI scandal inside the agency that was first noted here at St. Paul Regional Office when I uncovered the problem in one of my client’s cases. We turned over the data to Lagoe who in turn exposed the program to the nation.

Three years later, VA has yet to fully unwrap problems related to the misdiagnosis program. In case you missed it, VA failed to ensure veterans seeking disability benefits for traumatic brain injuries were examined by qualified medical doctors.

I hope you take a minute to watch the video.

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  1. @K-Lar,
    Interesting points that you’ve brought up. I went also, to the referenced “JAMA Pediatrics” article “” and read that synopsis.

    Head injuries, regardless of what the age at the time of injury, are being given more serious attention than even a decade ago. That said, I’m sure you’d agree that the skull of an infant is less formed than that of an adult. The brain itself has changing stages of development, as in child psychology for an example. So in that vein, I see where the CDC study is the focus of that specific article and having the CDC guidelines as a specific reference would make sense.

    As far as the group of tests mentioned, my thinking is that maybe it is cautioning about running the range of extreme and expensive testing as not necessary in every childhood head bump presentation. Imagine a youngster getting several CT’s/MRI’s before adulthood just to make sure there is no damage from each and every incident. That’s a lot of radiation compared to the hawking about cell phone exposure! I am familiar with a set of circumstances for a H.S. freshman head bump (literally) and the insisting of several expensive “just to rule out…” tests before the student could rejoin any team activities.

    I do recall a few months ago in Ben’s articles, that at a New England University/VAMC combo, there is on going research involving the donated brains of both football players and veterans. Maybe something updated in that article would be useful in your research. You can safely trust , that I fully understand your frustrations about variations in standards of care, and how civilian care differs greatly form our VHA’s almost first-aid centers posing as being fully operational, regarding the stellar (non) diagnosing/treatments of/for our very specific veteran’s care needs, by dedicated and HIPAA held harmless contracted civilian providers!

  2. The Newest Project Veritas release on Senator Clair McCaskill campaign!!!
    Every thing she says publicly is bullshit. Just lying for Votes.


    “HIDDEN CAM: Senator McCaskill Hides Agenda Including “semi-automatic rifle ban” from Moderate Voters”
    by Staff, Project Veritas, Report October 15, 2018

  3. VA Ain’t never going to change. It don’t pay to be a veteran. I don’t think it ever did. I’ve learned my lesson where I know I’ll never go do it again. Why the hell put your life up for sacrifice for the VA and the rest of the non appreciatives?

  4. The below linked mTBI article seems ‘unusual’ to me, imho.
    I specifically noticed their use of this phrase in article:

    “as in the Adult Literature”.

    That made me wonder:
    is the CDC also changing these guidelines for Adults?
    From this perspective, I reread the entire article a 3rd time, am noting here the following statements that caught my attention:

    1) “In its first-ever evidence-based clinical guideline on managing pediatric mild traumatic brain injury (mTBI),…”
    [Me: first-ever -for adults too???]

    2) “Based on a systematic review of literature, the guideline includes 19 sets of recommendations about the diagnosis, prognosis, and treatment of pediatric mTBI,…”
    [Me: What are the current standards of care for mTBI?
    Are those different for children, civilian adults, versus for Veterans?

    [[Side Note: I have very similar questions about civilian standards of care, versus for Veterans, in Mental Health care…
    I strongly feel this topic Definitely needs investigating by *BENJAMIN…]]

    3) “While the American Academy of Neurology issued guidance in 2013 about managing sports-related concussion in children and adults,
    “no broad, evidence-based clinical guidelines have been developed in the United States for the purposes of diagnosis, prognosis, and management/treatment of pediatric mTBI” to date,…”
    [Me: What about for Adults/Veterans?
    What ‘guidlines’ does VA use for Veterans?
    Does VA adhere to any such guide lines from any formal entity mentioned in this article?]

    4) “The new guideline discusses:
    * “Using validated clinical decision rules, like the Pediatric Emergency Care Applied Research Network (PECARN) rules,”
    [Me: Are there ‘different’ ‘rules/guidelines’ for civilian adults versus Veterans in use by VA?]
    “…to identify intracranial injury risk and determine whether patients should receive acute head CT or further workup.”

    *”Not using MRI routinely, and Not using SPECT, skull X-rays, and blood-based biomarkers To Diagnose mTBI in children.”
    [Me: Are you kidding me?!? With out such tests/scans, How can any patient “prove” they have a mTBI, need treatment/follow up, let alone convince Drs that is needed, especially VA Drs/C&P examiners, or VHA raters???]

    *”Incorporating validated symptom scales and validated cognitive testing in diagnostic evaluations.”

    * “Providing clear clinician follow-up instructions.”

    * “Monitoring and intervening when children have persistent symptoms.”
    [Me: What about adults, again, versus Veterans?]

    “Underpinning the new guideline is a systematic review that highlights several major gaps in the existing literature,…”

    “Perhaps most glaring,

    *** “as in the Adult Literature”, ***

    is the absence of evidence on approaches to therapeutic intervention for pediatric patients with mTBI,” they wrote.”

    [Me: The title seems unusual: -as it seems to deflect attention away from the changes(?) CDC seems intent to be making(?) to the adult guidelines.
    Clearly more info is needed here to flesh out this perspective monumental change in medical care, regards NOT Using Tests like MRIs, SPECT scans, Blood biomarker tests, for purposes of diagnosis of mTBI, and who knows what other TBI guidelines they intend to change…
    But what do I know, I’m just a high school educated Jar Head, who can’t even get VA to evaluate my service related m?TBI condition.]

    [CDC Seeks to Standardize Mild TBI Management in Kids | Medpage Today]

    This link relates to above article:

    [HEADS UP to Brain Injury Awareness | HEADS UP | CDC Injury Center]

  5. So sad – To go to battle for your country and then to battle for the rest of your life against your country (VA) – The irony


  6. My husband never received the letter. However, our attorney initiated a proper examination. The independent contractor psychiatrist conducted a thorough examination and numbered the ten important questions with his level of impairment. When the document went to the ratings decision department, they subtracted one number from each of the psychiatrist’s numbers and rated my husband at 10%. Had they used the correct numbers, he would be at 40%. So even though VA used qualified personnel, they still essentially denied compensation through chicanery. WHO is responsible for THAT behavior?

  7. Rise and Shine People and Veterans who read this Coming Election called your Senators or Representative Representative Representative contract the Veteran Affairs Committee passed a new Benefits Law for. Disabled Veterans is 100 percent definitely need to have Cosmetic Dentistry Dentist G4 implants for Free because their not work at a Veteran Center and don’t have a contract with the Veteran Affairs Administration because if a Disabled Veterans is 100 percent don’t get the Cosmetic Dentistry Dentist G4 implants it’s definitely caused really bad Health Care also it’s cause really get bad gum disease….and you don’t what I said go F.U.C.K Yourself.

  8. From: “”
    “Widower Takes Ban on Military Injury Claims to Supreme Court”

    “Walter Daniel, a Coast Guard veteran, filed a wrongful death lawsuit after his wife died following childbirth at a military hospital in 2015 — but it was dismissed, based on a 68-year-old federal ruling. After two failed appeals, he petitioned the U.S. Supreme Court to allow active-duty service members to seek legal damages for medical malpractice harm, the same way civilians can. (Kaiser Health News photo/Heidi de Marco)
    Walter Daniel, a Coast Guard veteran, filed a wrongful death lawsuit after his wife died following childbirth at a military hospital in 2015 — but it was dismissed, based on a 68-year-old federal ruling. After two failed appeals, he petitioned the U.S. Supreme Court to allow active-duty service members to seek legal damages for medical malpractice harm, the same way civilians can. (Kaiser Health News photo/Heidi de Marco)
    Dated: 14 Oct 2018
    By “JoNel Aleccia”
    More than four years after Navy Lt. Rebekah Daniel bled to death within hours of childbirth at a Washington state military hospital, her husband still doesn’t know exactly how — or why — it happened.

    Walter Daniel, a former Coast “”

    For more details please google this article!

    1. The Feres Doctrine is a misreading of the 5th Amendment exclusion. Time of War and Public Danger were set in a time when war meant with England (1812 hadn’t been settled yet) on U S Shores. Public Danger with the Courts unable to function. Feres Doctrine exempts “active duty”. I’m also appealing based on a clear reading of Section 4 of the 14th, the 5th and 7th Amendments.

  9. Basically – The VHA side, along with the VBA side, is STILL screwing veterans – so what’s changed? Absolutely Nothing! This has been going on for a long time!


  10. Pay for a desired outcome, get the desired outcome. RAND and all the rest are garbage in, garbage out…all for the Veterans.
    May Thomas Murphy develop bowling ball sized orange hemorrhoids that are inoperable.

  11. So the sham is still going on. Just now instead of using NPs they are using contract physicians who will do their bidding. Same goes for the neuropsychologists that are doing the actual “objective examinations”. Bull. My experience in Cheyenne with that one, which was interpreted by the NP is just that. Bull. Worthless as the data it was written with.

  12. In my case. A proper doctor, certified by the VA is more than 300 miles away in Golden Colorado. But they are unwilling to do the Protocol Examination.

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