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KARE 11 Investigates: Deadline nears for Veterans misdiagnosed at Wisconsin VA

While the Tomah VA pays out millions to misdiagnosed vets, hundreds risk missing out as the deadline looms.

TOMAH, Wis — The one-year window to apply for new testing closes in less than a month for veterans who received potentially flawed compensation and pension exams at the Tomah VA Hospital.

The VA announced it would offer new exams in the wake of a multi-year KARE 11 investigation that documented numerous cases of misdiagnosis by Tomah VA neurologist Dr. Mary Jo Lanska.

Dr. Lanska was ultimately dismissed, and the Department of Veterans Affairs announced that 649 veterans she had seen were entitled to new exams — and the possibility of retroactive benefits.

Records newly obtained by KARE 11 reveal that 81 of those veterans are already deceased, but their survivors may still be eligible for benefits.

As a result of the new exams, 101 veterans misdiagnosed by Dr. Lanska have already received a total of $4.27 million in retroactive benefits, according to U.S. Senator Tammy Baldwin’s (D-WI) office.

Credit: KARE 11
The VA found Dr. Mary Jo Lanska may have misdiagnosed hundreds of Veterans.

However, as of mid-September, nearly 500 eligible veterans or the families of impacted deceased veterans had yet to file for what the VA calls, “equitable relief.”

The deadline to do so is Dec. 4.

“When Americans serve and sacrifice for our country, it is our job to have their backs when they return home. For too many veterans who received an exam at the Tomah VA, this was simply not the case,” Senator Baldwin said. 

She called the awarding of the retroactive benefits, “a big step forward in making it right and getting them the compensation they are owed.”

The Investigation

Beginning in February 2022, KARE 11 exposed cases in which Dr. Lanska misdiagnosed Veterans with serious neurological conditions including traumatic brain injuries, Parkinsons and MS.

As a result, benefits — and in some cases medical care itself — were denied

KARE 11’s investigation culminated in a primetime special report, “Broken Promises,” documenting how veterans had been improperly denied benefits despite warnings about Dr. Lanska’s exams.

Dr. Lanska conducted benefits exams at Tomah VA for nearly two decades, beginning in 2002. She was in charge of the hospital’s neurology department for much of that time.

Credit: KARE 11
David Kaczmarek is one of the Veterans who says he was misdiagnosed by Dr. Lanska.

A VA whistleblower told KARE 11 he had reported problems with Dr. Lanska’s exams years ago.

“When a problem is identified, it has to be addressed. This problem has been identified for quite some time. And it’s never been addressed,” said Jeff Hein, a retired veterans service officer (CVSO) from Wisconsin.

KARE 11 repeatedly reached out to Dr. Lanska for comment. She did not reply.

Following KARE 11’s initial reports, Senator Baldwin began pressing the VA to investigate the pattern of misdiagnosed veterans.

“This wasn’t just one mistake, one misdiagnosis; this was a pattern,” said Senator Baldwin.

In May 2023, following an internal review by the VA, Dr. Lanska was terminated.

Department of Veterans Affairs Secretary Denis McDonough issued a public apology to the veterans and families negatively impacted by Dr. Lanska’s exams.

Credit: KARE 11
VA Secretary Denis McDonough announced new exams and back benefits last year.

“We will make sure that any veteran who got a C&P (compensation and pension) exam from Dr. Lanska and was denied access to benefits has their case reviewed,” McDonough said during a news conference in Tomah. “I promise to you that this is a top priority for us.”

The VA said it reached out in letters dated Dec. 4, 2023, to all impacted veterans, or the survivors of eligible deceased veterans, to notify them they had one year to request a new examination to determine if they had been wrongly denied benefits.

With the deadline weeks away, time is running out for approximately 500 veterans who may still be eligible.

How to apply

Telephone: 1-800-27-1000. 

If you use a Telecommunications Device for the Deaf (TDD), the Federal number is 711.

Online: Visit https://ask.va.gov/

You should upload your completed VA Form 21-4138, Statement in Support of Claim.

Please include your full name and VA file number on the letter and annotate your request by stating that “I am requesting reprocessing under Tomah VA Medical Center’s Special Neurology Compensation and Pension Examination Review.”

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