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    • C&P Examiner Pushed Me...FORCED
      Oh they so ignored and refused me on this and I even called the VARO complaining, no new exams nothing, they just were out to screw me. If I had a penny for every request and or docs that I have telephoned, sent, faxed, or emailed over the years which were plain out ignored and or missing I could probably buy a small tropical island. I rather believe to be able to record the C&P examiners with a witness videoing the whole thing. It should be a law that witnesses are allowed to go with you. 
    • When can the VA reduce my rating "again" after reduction?
      Good morning my fellow veterans, I hope that you may answer this humble request for advice with my particular reduction of rate. You see, I have been diagnosed with Asthma induced from my OIF/OEF deployments before which included backpains, eczema, fatigue. etc... well, they gave me 100% (though it says P&T also) but now reduced my rating upon seeing improvement of my asthma. Technically, they terminated my whole asthma rating which  now I could only receive an overall 40% from my other symptoms which where before "does not need further evaluation" I held the 100% for 4 years but this last one the 3rd examination, my asthma was deemed improved- so called for the reduction of my rate which was kind of sad because from 2900$ now I receive 587$. So if I may ask, If I was reduced from my 100% rating to 40%... When can they reduce my rating AGAIN? or would they reduce my rating again in the future time after they gave me this 40%?   Thank you very much.
    • C&P Examiner Pushed Me...FORCED
      If you feel your C&P was not evaluated correctly or the Examiner did not meet the qualifications you can request a New C&P from RO. They usually set you up another exam   However it may take longer. jmo .....................Buck
    • Miss Figured EED?
      Questions regarding EED? Vet gets denied claim for  SC 1997...Refiles claim, 1998 vet gets Service Connected  but 0% . Now in 2001 vet refiles claim and is increase to 50%...  (from 0% to 50%)  2003 vet files for increase and has C&P  after the c&p...c&p examiner sends VA letter saying this vet should not been S.C. because he never had any of this disability while in service  or any medical records showing documentation he was seen for it while in service.and furthermore vet was given an exit exam  from military service and was consider healthy and not what he is claiming .  I recommend this Veteran be reduced  at 0%compensation and with draw his Service connection Completely......Sign Dr  xxxxxxx  30 years experienced Medical Dr.  2003 Vet gets letter of Proposal to Reduce him, vet files NOD Request DRO Hearing at his RO, vet goes to his DRO Hearing  with new &material evidence, and letter  from Private qualified Dr receives a favorable  IMO  & letter from Voc rehab declaring this vet unfeasible to retrain because of his S.C. Disability, vet gets notarized lay statements from family and friends...and Veterans own statement! DRO Agrees with this Veteran and sees his disability in person, and initiates an expedition and ask VSO to file TDIU Claim for veteran and is awarded an 10% & 60%  increase to his disability  and with a 90%combined increase  using the  CFR Extra scheduler (b)  Vet is Awarded IU with P&T  and no future exams schedule this disability is of chronic and of nature  an increase is warranted and not  decrease  the examiner that proposed a decrease will not be warranted,  veteran has proved his SERVICE CONNECTED Disability  and  it goes on and state what te DRO used as evidence and with a rating specialist at his hearing  it is Obvious this Veterans disability is REAL. Question  they gave the Vet EED Back to when he filed for increase in 1998 the year he was Service connected? instead from the increase dating back to 2001? ??? After a S.C. is established  don't the EED begin at that date  even if a 0%?? Altho they have is 50% rating at  effective date1998! ...Shouldn't they have went back to 1998  the date the vet was Service Connected?  
    • PTSD Denied NSC - Schizophrenia NSC
      Berta - Here is the rating decision.   We will accept the disabilities granted for his battle wounds, but disagreement is with the PTSD and Schizophrenia being declined as service connected.   They were completely mute on the Agent Orange symptoms we claimed.   The C&P exam performed in April was not included with the VA papers.   I don't know what the Examiner said about his physical and mental condition.   Need help on this: Do I indicate acceptance of the 40% SC ratings decided on his battle wounds and also indicate we're filing a NOD with the NSC decisions for PTSD and Schizophrenia on the same "Statement in Support of Claim"? I need to get an expert involved for our NOD and a new claim for Agent Orange since they completely overlooked that -- A rep at American Legion wants to take it on.   Do I go this route or go to an attorney? Will QTC give me a copy of his exam?  Or do I need to go through the Request for VA treatment records again through Saint Louis Records? I need to get him another dr exam to show evidence of his current Agent Orange symptoms.  Should i get an IMO ? I want to make sure I am chosen as his Fiduciary -  there is a form for this that I presume I send in on line. Rating Decision 5-16-16.pdf
    • C&P Examiner Pushed Me...FORCED
      understand totally i was treated the same way.  does anyone know anything about the c & p ortho doctors in san antonio tx
    • C&P Examiner Pushed Me...FORCED
      understand totally i was treated the same way.  does anyone know anything about the c & p ortho doctors in san antonio tx
    • Sleep Apnea Claim
      Original poster  the VA Should give you a C-PAP to use and all the equipment  hoses.Mask..you need to use distilled water. Anyone that has Sleep Apnea /OSA  needs to be using a C-Pap/Bi-Pap machine. For some  reasons the VA is turtle slow on getting VietNam Veterans their C-File....but some do get their C-File within 3 /4 months. I guess the C-file for us Vietnam Vets got lost in the mail room.  Next Month (June) will be a year for me and I requested it twice during this last year...and not a word from them..I do have the greencard receipts I need my C-file bad  I wonder if it has been didtized and on CD?  Could I make an Unexpected Visit to RO? And  ask for it that way? jmo ....Buck
    • Increase of MRSA from 0%-? unknown, having c&p exam on tuesday
      Do they go back to the date of the original claim? im just curious, ive had this infection, since i was in the army, and it was and is horrible, losing jobs, and such. thanks in advance

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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

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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.

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NEVER GIVE UP!

God bless

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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

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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.

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"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.

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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.

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