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314 questions in this forum
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ftca legal info
I am trying to find competent contact for legal advice on an FTCA claim. Vet went to VA for help and they failed to diagnose lukemia. Vet went to non VA Dr and was properly diagnosed many months later. Treating non VA Dr stated in medical file that if it had been detected earlier, the vet would have lived much longer. He passed in June 2017. VA failure to diagnose and treat issue. Need consult w/atty to see if she has a case, if so what course of action to take. Been helping her with a claim for DIC but the VA denied SC and generally "really screwed up" the decision. The non VA medical records (300 pages) and the nexus letter from the specialist (oncologist that tr…
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Ask about PTSD
Ask about PTSD
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Am I Wasting My Time?
My late husband, a 'boots on the ground' Vietnam Vet, passed away in 2015. His death certificate showed cause of death "Tongue Cancer." I have finally been able to get the death certificate amended to show PART I, "Squamous Cell CA Tongue" as cause of death and PART II, contributing conditions to show "Sepsis, DM2, and CVA. The cancer is not on the agent orange presumptive list, however, DM2 is, and possibly soon CVA will be on the list. Since these two illnesses are only contributing conditions on his death certificate, will the VA award DIC or will I be required to jump through hoops to no avail? My husband had never applied for disability. The DM2 diagnosis and C…
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The Term "as Likely As Not"
does the va have to add to the term "as likely as not" ... wording such as "it is more...", "less likely than not" ... or other wording or do they say simply "as likely as not" when deciding a service connection claim? i have so many different explanations. i am asking here for anyone's opinion. thank you
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DIC award !
It is in this link today! https://community.hadit.com/topic/70624-am-i-wasting-my-time/#gsc.tab=0 It pays to have these awards noted in the Success forum or as an award in the DIC forum , because they give hope to others. DIC can become a complex issue but Seabee's wife gave them the evidence they needed.
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1151 DIC award
This award for malpractice (Section 1151,38 USC took 13 YEARS,but the widow succeeded: https://www.va.gov/vetapp17/files1/1703113.txt It was kind of odd the way I found this award- which might help other survivors. In a letter I thought would be in the mail by now, to Secretary Shulkin, I decided to use some additional evidence to support one part of my concerns. I mentioned and will enclose my 1151 award letter, and gave info on another Vietnam vet the VA almost killed ( his 1151 award letter is here somewhere, and I wanted to find one more DIC award for a wrongful death.There are some at the BVA web site but the most recent one I found is above. …
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Nehmer AO DIC CUE EED denied
I hope this situation never comes up here but this is why advocates need to really read Nehmer before they opine on any Nehmer claim from a survivor. The veteran ( Vietnam Vet) died in 1977 due to heart disease. The widow's claim was denied for DIC. After the 2010 AO IHD regulations came out, she was awarded DIC from, the RO , with an EED of August 1, 2013. "Under the circumstances, the RO was not authorized to pay the appellant DIC benefits more than one year prior to the date of receipt of her application for DIC benefits in August 2014, and the claim must be denied. 38 C.F.R. § 3.816." https://www.va.gov/vetapp17/files6/1735015.txt (38 CFR 3.8…
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Can any mod move this topic
https://community.hadit.com/topic/70707-ftca-legal-info/?page=5&tab=comments#comment-437593&gsc.tab=0 It is in Social forum but should be in DIC forum and/or FTCA forum. The information might help others who do not read Social forum. Thanks
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IU/DIC
Does 100% IU P&T qualify under the ten year issue? I am having a difficult time finding an answer to this specific question. "Many DIC claims fall under 100% SC P & T for ten continuous years.....easy to succeed in" Berta
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DIC/IU/P&T
I've been a SC vet since 1977 with usual claims and such over the years. I was recently awarded on appeal 90% combined and 100% IU. I don't consider my disabilities to be life threatening although they have been seriously life altering due to MST event. I am rated for fibro, agoraphobia, colitis, vertigo going back to 2012. The condition that was turned down twice on claim and appeal is for hypertension. They agree I have it but refuse service connection. 1) Will my spouse still be eligible for DIC since I am at 90% with 100% IU P&T? 2) Attorney did file papers for the hypertension after denial of that appeal. My rational for continuing the fight is that I …
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DIC/Champva-remarriage regulations
This question came up from a local friend of mine and I finally found the best answer: "If you remarry and no longer qualify for TRICARE, you might be eligible for the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA), a health benefits program in which the VA shares the cost of certain health care services and supplies. CHAMPVA provides coverage to the surviving spouse and to the children of a veteran who: • is rated permanently and totally disabled because of a service-connected disability; • was rated permanently and totally disabled because a service-connected condition at the time of death; • died of a service-connected disabili…
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ACCRUED Benefits for survivors
This has cropped up here recently and I wanted to bring the subject up, although it is searchable here. The VA fact sheet is basic: "What Are Accrued Benefits? Accrued benefits are benefits that are due to the beneficiary based on an existing decision on a claim for benefits or evidence in the Veteran’s claim file at the date of death, but not paid prior to death." http://www.benefits.va.gov/BENEFITS/factsheets/general/accrued.pdf There are explained in more detail here: https://www.hillandponton.com/va-benefits-for-qualified-survivors-accrued-benefits-and-substitution-basics/ Accrued benefits derive from a pending claim, and depend on eviden…
0 votes3 answers
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