Update on Marine Veteran Brian Tally’s Case Against VA for Malpractice

 In Veterans

In January this year we reported on a tragic case of VA malpractice that left Marine Veteran Brian Tally with an infection that totally destroyed his livelihood, and his ability to take care of his family. We spoke to him on May 4 and learned that he has continued to be denied any compensation or relief from the VA, and now has been diagnosed with DDD – Degenerative Disc Disease stemming from the original case of osteomyelitis.

Remember that Brian was a successful business owner until the VA misdiagnosed a serious infection that literally ate him from the inside out. Everything in his body is affected simply because his primary care physician ignored the symptoms and just fed him drugs that did no good whatsoever.

You can review the entire case at these links: 

Just a week ago, Brian was informed that his Title 38 U.S.C. 1151 claim had been denied. The person who helped fill it out over the phone was an aide to the VA Area Director in San Diego, who highly recommended that he file the 1151. They fast tracked his request, but it was still denied.

The VA website states:

“Title 38 U.S.C. Section 1151 allows VA to pay compensation for death or disability “as if service-connected.” Don’t be confused with this subtle difference. The disability is not considered service-connected. Under Section 1151, benefits may be paid for:

  • Injuries incurred or aggravated while receiving VA-sponsored medical treatment.”

Remember that previously, the VA waited eleven months (that’s right, 11 months) before advising him that his primary care doctor at the time was an “independent contractor.” Independent Contractors are exempt from malpractice lawsuits because they are not actual employees of the VA. Tort claims have to be filed against the actual employees of the VA. So that claim was denied. By then, the statute of limitations had expired for his claim.

He wrote letters. He emailed. He sent certified letters.  He was advised to file the 1151 claim. His brother also sent letters same. The 1151 was denied.

Brian has muliple audio recordings of VA lawyers admitting that there was a breach in his care and continously informed him that the VA failed to meet that standard of care.

He has been in communication with the General Counsel for tort claims, who is currently reviewing the initial tort claim that was denied back in January, so far to no avail.

“They wear you down, wear you out, and completely strip you of your confidence and hope. My family and I are hoping for some financial relief soon so I can begin the healing process both physically and emotionally.” Brian Tally

Brian is currently working with his Congressman on a bill called the Tally Bill to afford protection for veterans who end up with reckless independent contractors that are hiding behind the VA. This is not the same as veteran’s choice – those doctors are outside a VA facility. These are doctors who are posted inside the VA medical centers. We’ll keep an eye on that to see what happens if and when it comes before Congress.

A retired Marine Gunnery Sergeant named Greg Ready set up a GoFundMe account for Brian.  “People need to step up for this Marine Corps veteran, since the VA has denied help for him, to at least recover some of what he has lost.” Consider helping him  – even a small amount would be appreciated. His constant pain is real, his family is his rock. Let’s help him rise like the phoenix from the ashes of his life.

Update as of June 11, 2018: the GoFundMe Link has been deleted by accident, so Brian created a new one: https://www.gofundme.com/rally-for-tally.




Showing 6 comments
  • Miguel P Benedit

    This is nothing new. Welcome to the SUCK. As we Devil Dogs call it. I’ve been battling the VA for several years now and had to attain a lawyer. Apart from having DDD I also had a cyst under my knee that according to the VA was nothing to worry about and kept getting fed pill after pills for numerous years. After the last CMP appointment I finally got angry enough to pay for private clinic and get an MRI like they should have done. Now as a result of this not only do I have a tumor in my leg but a torn ACL that should have been diagnosed a while ago. Not kept being told that there was nothing wrong with me.
    Stay strong my brother and don’t back down.
    Semper Fi

  • Brian Mccormick

    My whole family from my son to grandfather in1917 were in the armed forces.I cant understand why men and women that did and would die for this country are treated the way they are.Not one of us would be able to live / they way we do if not for them.So our so call goverment needs to be told to stop giving money to outside of our own country and to people here that have there hand out and stop taking it from our defenders and hard working people.Its the people with the biggest mouth that get the help even if they have no right to it . I for one am ready to yell because i shoulded have to read shit like this.HELP OUR OWN FIRST FOR GOD SAKE.

  • Richard Davidson

    There is something else the VA does not disclose to the veterans?

  • Berta M. Simmons

    I am a volunteer disabled veterans claims advocate at http://www.hadit.com.

    Also I won FTCA/1151 for the wrongful death of my husband, USMC Vietnam.

    I ave asked Congressman Phil Roe to sponsor a Bill I wrote that covers what happened to Mr. Tallyin addition to some other concerns.
    Also I sent corrections on S 221- which appears to have resulted from a OAWVB complain I filed.

    I hope some can contact me, or contact Mr. Tally with my email addy-so that he knows he is not alone in fighting the VA.

  • Berta

    Thank you!!!
    Brian has contacted me –

    The OGC could have called the VAMC personnel director, or their HR person, or the 3 main contracting firms , to get this information on the “doctor”. The VA web site Provider page also would have probably revealed them as a contractor.
    Since the VAMCs are being filled with contractors these days, it is Imperative that they should be reported to the NPDB and state data banks, if they commit proven malpractice.
    I thought it was a 8 months period, this says 11 months-
    the OGC could have checked the doctor in mere minutes.

    Even the AFGE ,I would think, would know what doctors in the VAMC are not VA employees.

    Thanks. Something has to be done.

  • Jeanne Gibson

    My daughter died on June 8th 2012, she went to the Dublin VA on the 4th of June and was dead four days later. I did some research and notify the OIG. they determined that the VA was not capable of taking care of a Lupus Patient. They stop her from going to her lupus’s Doctor. However, when I filed suit, I was also told that they were contractor and that they were not VA employees. I am not giving up. I really need a great lawyer to help me. My E-Mail is Ziporahgibson@gmail.com This is not right. She has three children that me and my husband take care of since she was divorce. They deserve better from the VA.

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