Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Non VA medical bills

Rate this question


JohnsWidow

Question

My husband was 100% service connected disabled USMC veteran. He passed away Oct.22, 2016. He had gone to 2 seperate non VA hospitals via ambulance before his passing. The hospitals were aware he was 100% service connected disabled. They have been sending bills for hospital services and he had told their billing departments to send the bills to VISN 16 Consolidated fee unit PO box 320164 Flowood, MS. 39232 several times. Now that he has passed and the same bills are still coming I decided to just enclose a note in all bills stating to remit all bills for payment to the VISN address. They still don't get it. What am I doing wrong? Can anyone suggest a better alternative? Thank you for your time.

Edited by JohnsWidow
Link to comment
Share on other sites

  • Answers 46
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0

to add: re: VA malpractice

I posted this link recently and it covers a lot of 1151/FTA info:

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Ms berta

if time has no bearing? Of this veterans death  Oct 2016 was not that long ago!!!

 maybe this widow should file a tort  or mal-practice claim against the VA?

 If she has  VA Medicalrecords that state he had the cancer and never let either one know&no treatment what so ever......to me that's bad bad bad.

And VA should be liable.

jmo

Link to comment
Share on other sites

  • 0

Yes ,it appears she is well within the FTCA 2 year statute of Limits:

http://www.tullylegal.com/forms/Guide_to_Suing_the_Department_of_Veterans_Affairs.pdf

There is more info here on FTCA and 1151 claims searchable. I filed both.

The 2 years traditionally begins upon date of realization of potential malpractice.

I filed within 2 months of that date.It was the date of my husband's unexpected ,and sudden death.

I do not advise anyone filing FTCA without a lawyer and a strong IMO/IME.

The FTCA/1151 offset is also explained in the 1151/ FTCA forum here.

 

Edited by Berta
Link to comment
Share on other sites

  • 0

Thank you to all that have posted. My name is George and I am John's Son. I have been helping my mother throughout this process with care of my father and VA paperwork. She has asked me to take over here since she is not emotionally ready to cope with the paperwork required.

I was able to get (after MUCH waiting and poking) My father's complete VA Medical records (from the Houston VA) from 2012 to current. I am also slowly going through paperwork he kept about rating decisions and history.

My confusion is that how one can have a claim on more than 100% disability.

My father received a letter from the VA dated Nov 4, 2012 stating he was "Determined to be a Vietnam-era Herbicide-exposed Veteran" and "100% service connected"

I would think that this would entitle him to have received (or my mother to receive on his behalf now) back-pay compensation from the time of exposure. My mother informed me John applied for Agent-orange compensation immediately after having been discharged in 1971 , but was denied.

Any thoughts?

Link to comment
Share on other sites

  • 0

"My confusion is that how one can have a claim on more than 100% disability."

Many here do. Or have received additional benefits such as SMC.

After my husband died I claimed his death under three theories of entitlement and won under 2 of them. Also awarded SMC and other stuff in a 4th claimed theory of entitlement.

"My father received a letter from the VA dated Nov 4, 2012 stating he was "Determined to be a Vietnam-era Herbicide-exposed Veteran" and "100% service connected

I would think that this would entitle him to have received (or my mother to receive on his behalf now) back-pay compensation from the time of exposure. My mother informed me John applied for Agent-orange compensation immediately after having been discharged in 1971 , but was denied."

The Marines even in the first wave (1965) knew what AO was and how it defoilated the jungles.But only by 1985 (Nehmer) due to widow Beverly Nehmer's Case, did the VA start recognizing it's disabling  affects to veterans.

The Nehmer decisions have controlled Agent Orange exposure awards.

AO has been the most  important veteran's issue of my life -my husband and than I as his survivor were in the Agent Orange Settlement Fund ....that had nothing to do with the VA.They paid off claimants and lawyers and there is no Fund money left.

The Nehmer Court Order only covers AO claims filed after September 25th, 1985.

I think there were only 2 presumptives in the late 1980s- Chloracne and Peripheral Neuropathy(that regulation was almost impossible for any vet to succeed in getting comp for)

 

Can You scan and attach here ( Cover C file # prior to scanning it), the last decision VA made on his disability?

We also need to see the evidence list.

We need to know if he had any other denials after 1971 and what for.

We have considerable info here on AO and the Nehmer decision.

We also need to know what he died from as Primary cause # 1 on death certificate, and any contributing causes under # 2 , and whether an autopsy was done.

And we can check the EED to make sure they gave the most favorable Earliest entitlement date on the award.

I have had extensive conversations and emails to and from NVLSP, the lawyers who won Nehmer, since 1991 ,and I consider myself an AO claims expert, but I hate to tell you this -

 if the VA had to pay back to date of actual incountry Vietnam exposure for any AO vet, it would break the VA bank.They wont do that.

Did he ever file any claims after 1985 that regarded AO presumptives?

My AO IHD EED was 1988 so nothing is impossible, except trying to go back prior to the Nehmer Court Orders...prior to Sept 1985, as I understood your question......

However  Footnote One Nehmer might apply to your claim..but I would thinkVA had caught that when they made the 100% decision.

Or your father might have fallen into the same criteria I did, the VA "should have coded" my husband's heart disease which they never diagnosed or treated ...and the "should have coded" would be found in any past decisions they made since the most recent AO decisions.

Unless they made a CUE on the EED they gave.........quite possible...we need to see the decisions to know.

 

 

 

 

 

Edited by Berta
Link to comment
Share on other sites

  • 0

Could you also scan and attach the 1971 denial?

There is a unique condition in Nehmer it could possibly apply to......or maybe even apply to the Chronic Presumptive regulations........but it all depends on what disability he claimed within the first year after discharge,.....and the reason they denied.............a long shot but....Nothing is impossible.

 

 

 

Link to comment
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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use