vlb-all-products

vlb-c-file-manual


  • Topics

  • Member Statistics

    • Total Members
      16,010
    • Most Online
      3,604

    Newest Member
    Ladyluck4512
    Joined
  • Forum Statistics

    • Total Topics
      61,351
    • Total Posts
      395,706
  • Posts

    • Keep in mind, these are strictly personal opinions offered by Hadit members, usually based on to a certain degree, personal experience. Just my personal take, your Bladder Trauma Claim as Secondary to your MST,  in and of itself, really has no bearing on your SC of PTSD. I made a note of your PTSD DBQ Dr's response to Evidence Review Section V 5A, as I recall, I found it troubling. If you choose to, look at it, what do you think? You did mention you just got a 30% SC Rating, with the PTSD & Bladder Claim Deferred. Do not be looking for a "Quick" claim resolution, an "Inferred IU Claim" statement in an Award Letter is good. As to anything else in your original claim being put off as "Inferred," is troubling. I could be wrong and for your sake, I hope I am.
    • I just received the VA EED Award letter today. The Detroit RO CUE Review team must be on the stick. E-Ben 05/17/16 EED CUE Review Claim closed 07/16, Decision Letter mailed 08/21. Retro Deposit Hit 08/24, Award Letter arrived 08/25. That has to be close to Speed of Light, as far as VA Decisions go. Semper Fi
    • Can't say I've filed any other FOIA Requests, other than for my C-File. The VA Addressed  your FOIA request, when they acknowledged receipt of it by US Mail. Addressing & completion of the Request seem to be (2) different things. I can't recall any Vet posting that they got their C-Files, on paper or now on CD, in less than a year. When I got mine in 01/2014, 9in of paper and was only complete up yo the FOIA Filing Date of 09/12. If there is something in your C-File that you are certain that really need to see and make a copy of, make an appointment for a Supervised Personal View and ability to make limited page copies, at your RO. Not easy to do but it can be done. Semper Fi
    • Keli, yes the VBA (Veterans Benefit Administartion) is the division responsible.  You may want to peruse this:  http://benefits.va.gov/benefits/factsheets.asp
    • I really got tripped up on the "undebatable"  language in my CUE.  The VA maintained that my truly awful rating decision was debatable.  It was not like "you are or are not missing a leg due to military service" .  A missing leg that got blown off in combat and was witnessed by a few dozen officers and you spent a year in a military hospital recovering and then the VA says you , in fact, have both legs and rate you ten percent for arthritis in the leg you don't have is what I call a CUE.  If the rating you got can be debated as to severity or anything else then it is probably not a CUE unless specific regulations guide the rating you should get for gunshot to a certain group of muscles and you don't get that rating.  Even in such a case their might be room for debate as to degree of disability.  After my own experience I would not spend five years chasing a CUE unless I absolutely knew it was an undebatable error that rises to the level of CUE.   When VA did not grant me Housebound I suspected it was an error but not a CUE.  I knew the VA was wrong not to have awarded me statutory "S" according to their own regs.  but they are so slippery I was not sure so I filed anyway.





Sign in to follow this  
Followers 0
dioge73

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

NEVER GIVE UP!

God bless

Share this post


Link to post
Share on other sites

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. “

http://navyadministration.tpub.com/14134/css/14134_314.htm

The last sentence is what malpractice lawyers can determine.

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