• HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

Sign in to follow this  
Followers 0

Statute Of Limitations

7 posts in this topic


My husband was a Vietnam vet & passed away 10 yrs. ago. the hospital & doctors were baffled at what caused his death. Last yr.my benefits stopped as my son turned 16 & his death was not recorded as service connected. I pulled out a box of his paperwork that I started to read 10 yrs. ago but got too upset & put them away. I found specific evidence that it was the fault of the VA . I put in a claim for widow benefits & it is still in progress. ( I see no way they can deny them ) . My question is : is there a statute of limitations for a wrongful death suit ? It is written on there paperwork they were not to give him a certain drug because there could be a critical interaction with a medication he was on for years. They prescribed it anyways along with a replacement med. He was 100% TPD. Within 5 months taking this, he died, of every symptom this interaction caused. The evidence is clearly apparent . I was told I need an attorney that handles TORTE claims. a local attorney told me there was a 2 year window but was not sure if it applied for this type of claim. As of yet I have not found an attorney who can handle this or answer me. Any advise will be greatly appreciated

Share this post

Link to post
Share on other sites


Some time it depends on the state you are in. I am surprised the attorney told 2 years but I guess he could be right. I would Google wrong full death or even malpractice and see what you get for your state.

Share this post

Link to post
Share on other sites



God bless

Share this post

Link to post
Share on other sites

Posted (edited)

Basically The Statute of Limits is 2 years from the claimant's awareness of the negligence that caused the death or injury for a Tort claim against the VA.

Sometimes a skillful lawyer could possibly manipulate that SOL.

I am a FTCAer/1151er.

I filed within months of my husband's death under the FTCA regulations.As soon as I knew I had evidence that the VA had caused his death.

I also filed a Section 1151 claim-there is no SOL on that type of claim.

We have considerable info here in our FTCA forum on both of these types of claims.

“I put in a claim for widow benefits & it is still in progress. ( I see no way they can deny them )

I assume you mean you have claimed his death under Section 1151, 38 USC and filed the claim ( was it your initial DIC claim) on a formal 21-534 form?

They denied my 1151 claim many times, even after I settled with the USA for my husband's wrongful death, then they finally awarded the 1151.

I can assure you this will not be easy or fast.

One good reason for filing FTCA is that you deal (or your lawyer will) deal with VA attorneys

who will actually read the medical evidence, because the VARO, in my experience refused to read what I felt was so obvious and they withheld probative medical evidencxe from their C & P examiner whose opinion denied the 1151 twice because the RO had withheld this critical evidence from him as well as even the General Counsel for the FTCA case I had.

These claims these days most often require an independent medical opinion.

Did a service rep familiar with 1151 claims help you prepare the claim?

Did they suggest getting an IMO?

Was the 1151 issue fully described on the 21-534 form as to exactly what you were claiming for DIC as to cause of death?

the hospital & doctors were baffled at what caused his death

I assume they certainly did an autopsy. Do you have a copy of the autopsy and does anything on it (such as the toxicology findings ) support your case?

Does the death certificate specifically state medication error as causing or contributing to death?

You need to contact a malpractice attorney and there are plenty on the net for any possible FTCA case-

however, in my opinion, if the SOL prevents you from filing under FTCA , a Section 1151 claim would be in order.

A claimant cannot be paid under both 1151 and FTCA for the same death/ due to same cause. In that respect a 1151 claim would be advantageous here,regardless of whether the SOL ran out or not.

He was 100% TPD

Was he 100% SC P & T for ten years prior to his death?

1151 claims as well as FTCA cases require proof of documented negligence and/or malpractice and documented

proof of resulting disability or death as a direct result from the negligence/malpractice.

"It is written on there paperwork they were not to give him a certain drug because there could be a critical interaction with a medication he was on for years. They prescribed it ..."

A VA major medication error severely compromised my husband's health for 6 years and that contributed to his death, and was one the multiple charges I made against the VA and that I had proven to them.

He had no medical condition at all ,I proved , that even warranted this medication.

Edited by Berta

Share this post

Link to post
Share on other sites


Good luck and Berta is correct. There may be a way to get relief from the limits either by a skillful lawyer or even Congress can sometimes fix things that are outside. Someone really needs to study the claim very carefully as the VA makes a lot of mistakes that leave the door open. As far as your dons benefits stopping at 16 is he still in school? Most benefits last for kids till they graduate from High School.

Good Luck

PS Berta is very knowledgeable about the benefits that you should get.

Share this post

Link to post
Share on other sites


"As far as your dons benefits stopping at 16 is he still in school? Most benefits last for kids till they graduate from High School."

I think this widow means her Mother's benefit from SSA Survivor's Insurance benefits has expired as age 16 is the cut off date for that.

This was due to the Omnibus Reconciliation Act during Reagan's presidency.

A successful direct service connected death would restore up to 2 years of these SSA benefits under the REPs program.

REPS however does not apply to 1151 deaths.

REPS (Restored Entitlement Progran for Survivors) has no time frame limit.I also lost my Mother's SSA benefit when my child turned 16. When I succeeded in direct SC death in 2009, that trumped the 1151 award and I received full REPS benefits,over a decade after my husband died. It pays to remind here how that program works.Also REPS can be searched here.

All survivors should always raise a claim for direct SC as well as any other type of SC (such as ten year & T SC) or 1151 DIC on the 21-534 application.

This is a better explanation of the SOL for FTCA:

“ Two-year statute of limitations. The claimant has 2 years from the date the claim against the government accrued in which to present a written claim. If the claimant fails to present his or her claim within 2 years, it is barred forever. A claim accrues when the act or incident giving rise to the claim occurs, or when the claimant learns or reasonably should have learned about the wrongful nature of the government employee’s conduct. Thus, a claim arising out of an automobile accident would normally accrue when the accident occurred. A claim arising out of medical malpractice will not accrue, however, until the claimant learns or reasonably should have learned about the malpractice. “


The last sentence is what malpractice lawyers can determine.

Share this post

Link to post
Share on other sites


you're in for a long haul with a Federal Tort Claim action. Be EXTREMELY picky when you check with attorneys. Few of them know what they are doing. I'm very sorry.

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
Followers 0

  • Announcements

    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ http://www.hadit.com/forums/index.php?/topic/40804-va-fl-09-33/ http://www.hadit.com/forums/index.php?/topic/40972-va-fl-09-28/ http://www.hadit.com/forums/index.php?/topic/40671-va-fl-09-27/ http://www.hadit.com/forums/index.php?/topic/40973-va-fl-09-26/ http://www.hadit.com/forums/index.php?/topic/40803-va-fl-09-25/ http://www.hadit.com/forums/index.php?/topic/40802-va-fl-09-21e2/ http://www.hadit.com/forums/index.php?/topic/40801-va-fl-09-21/ http://www.hadit.com/forums/index.php?/topic/40799-va-fl-09-20/ http://www.hadit.com/forums/index.php?/topic/40798-va-fl-09-17/ http://www.hadit.com/forums/index.php?/topic/40974-va-fl-09-15/ http://www.hadit.com/forums/index.php?/topic/40975-va-fl-09-13/ http://www.hadit.com/forums/index.php?/topic/40797-va-fl-09-10e1/ http://www.hadit.com/forums/index.php?/topic/40796-va-fl-09-10/ http://www.hadit.com/forums/index.php?/topic/40795-va-fl-09-09/ http://www.hadit.com/forums/index.php?/topic/40976-va-fl-09-08/ http://www.hadit.com/forums/index.php?/topic/40794-va-fl-09-07/ http://www.hadit.com/forums/index.php?/topic/40793-va-fl-09-06/ http://www.hadit.com/forums/index.php?/topic/40977-va-fl-09-05/ http://www.hadit.com/forums/index.php?/topic/40731-va-fl-08-41/ http://www.hadit.com/forums/index.php?/topic/40730-va-fl-08-38/ http://www.hadit.com/forums/index.php?/topic/40729-va-fl-08-36/ http://www.hadit.com/forums/index.php?/topic/40728-va-fl-08-34/ http://www.hadit.com/forums/index.php?/topic/40726-va-fl-08-33/ http://www.hadit.com/forums/index.php?/topic/40725-va-fl-08-31/ http://www.hadit.com/forums/index.php?/topic/40978-va-fl-08-29/ http://www.hadit.com/forums/index.php?/topic/40724-va-fl-08-26/ http://www.hadit.com/forums/index.php?/topic/40723-va-fl-08-23/ http://www.hadit.com/forums/index.php?/topic/40722-va-fl-08-20/ http://www.hadit.com/forums/index.php?/topic/40979-va-fl-08-15/ http://www.hadit.com/forums/index.php?/topic/40721-va-fl-08-12/ http://www.hadit.com/forums/index.php?/topic/40720-va-fl-08-10/ http://www.hadit.com/forums/index.php?/topic/40719-va-fl-08-08/ http://www.hadit.com/forums/index.php?/topic/41580-va-fl-08-02/ http://www.hadit.com/forums/index.php?/topic/40717-va-fl-07-27/ http://www.hadit.com/forums/index.php?/topic/40980-va-fl-07-19/ http://www.hadit.com/forums/index.php?/topic/40981-va-fl-07-15/ http://www.hadit.com/forums/index.php?/topic/40718-va-fl-07-10/ http://www.hadit.com/forums/index.php?/topic/40716-va-fl-07-07/ http://www.hadit.com/forums/index.php?/topic/40715-va-fl-07-06/ http://www.hadit.com/forums/index.php?/topic/40701-va-fl-07-01/ http://www.hadit.com/forums/index.php?/topic/40983-va-fl-06-29/ http://www.hadit.com/forums/index.php?/topic/40699-va-fl-06-28/ http://www.hadit.com/forums/index.php?/topic/40984-va-fl-06-27/ http://www.hadit.com/forums/index.php?/topic/41579-va-fl-06-26/ http://www.hadit.com/forums/index.php?/topic/40698-va-fl-06-25/ http://www.hadit.com/forums/index.php?/topic/40986-va-fl-06-24/ http://www.hadit.com/forums/index.php?/topic/40987-va-fl-06-21/ http://www.hadit.com/forums/index.php?/topic/40988-va-fl-06-19/ http://www.hadit.com/forums/index.php?/topic/40696-va-fl-05-08/ http://www.hadit.com/forums/index.php?/topic/40697-va-fl-04-13/ http://www.hadit.com/forums/index.php?/topic/40989-va-fl-04-06/ http://www.hadit.com/forums/index.php?/topic/42415-va-fl-02-24/ http://www.hadit.com/forums/index.php?/topic/41582-va-fl-01-94/ http://www.hadit.com/forums/index.php?/topic/40990-va-fl-00-44/ http://www.hadit.com/forums/index.php?/topic/41581-va-fl-00-33/ http://www.hadit.com/forums/index.php?/topic/40991-va-fl-99-124/ Miscellaneous http://www.hadit.com/forums/index.php?/topic/40993-best-practice-manual-for-posttraumatic-stress-disorder-ptsd/ http://www.hadit.com/forums/index.php?/topic/44264-auditory-noise-fsh-regulation-no-40-7-appendix-b/ http://www.hadit.com/forums/index.php?/topic/44266-auditory-noise-duty-mosjob-title/ http://www.hadit.com/forums/index.php?/topic/44265-auditory-noise-cam-regulation-40-5/ VHA Directives Number Title http://www.hadit.com/forums/index.php?/topic/41073-va-vha-directive-2010-045/ http://www.hadit.com/forums/index.php?/topic/42174-vha-directive-2010-033/ http://www.hadit.com/forums/index.php?/topic/42175-vha-directive-2010-029/ http://www.hadit.com/forums/index.php?/topic/42176-vha-directive-2010-014/ http://www.hadit.com/forums/index.php?/topic/42177-vha-directive-2010-012/ http://www.hadit.com/forums/index.php?/topic/42178-vha-directive-2010-009/ http://www.hadit.com/forums/index.php?/topic/42179-vha-directive-2009-048/ http://www.hadit.com/forums/index.php?/topic/42180-vha-directive-2009-047/ http://www.hadit.com/forums/index.php?/topic/42150-vha-directive-2008-071/ http://www.hadit.com/forums/index.php?/topic/42181-vha-directive-2008-070/ http://www.hadit.com/forums/index.php?/topic/44263-vha-directive-2008-005/ http://www.hadit.com/forums/index.php?/topic/42182-vha-directive-2007-039/ http://www.hadit.com/forums/index.php?/topic/42183-vha-directive-2007-024/ http://www.hadit.com/forums/index.php?/topic/42184-vha-directive-2007-016/ http://www.hadit.com/forums/index.php?/topic/42185-vha-directive-2007-013/ http://www.hadit.com/forums/index.php?/topic/42186-vha-directive-2006-057/ http://www.hadit.com/forums/index.php?/topic/40994-va-vha-directive-2006-013/ http://www.hadit.com/forums/index.php?/topic/42187-vha-directive-2000-029/
    • Like Us On Facebook


      If you like us, let us know, take 5 seconds to like us on Facebook http://t.co/55HIB1QrnQ
  • HadIt.com Twitter