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Poopsy Woopsy

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Poopsy Woopsy

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My husband was 70% PTSD and had three claims pending; Unemployability, AO, A&A. but before they were awarded. the VA killed my husband.

I was awarded DIC, as it was an easy case having a letter from an outside cardiologist stating the reason he died was neglect on the VA's part. 

I checked the status of the pending claims. and the person said you just have to wait. I said, are they just waiting for me to die too! AND, his 

answer was, Yeah, kinda looks that way! He also mentioned there was no Unemployability on the claim. I have a copy of the paperwork

that the Va rep sent in. So I have proof it "WAS FILED" He was suppose to get back to me about it not being there, but I never heard.

I am now stuck on DIC because I am suffering from several maladies that all came to light right after my husband passed away.

I can't work because of them and am looking at surgeries.

I was asked to come see the VA rep at local congressman's office. He did some checking and told me you have no claims open.

HOW CAN THAT BE. No letter stating such. Nothing!. It was definitely news to me, after waiting all this time.

He said, I should have filed a TORTE claim after it was found that the VA was responsible for my husbands death.

How can you do something you are not aware of. and Damn sure the VA won't tell you about!!

 I have passed the statute of limitations, as it will be 3 yrs. this coming May!! 

Am I dead in the water. and if so. How could that be possible as I was not informed or aware of any of it!!

My grief is  insurmountable and the physical has taken any quality of life I might of still had. but now I am stuck with not enough to live on. 

How is that even possible if they (The VA)  are in the wrong? What recourse do I have? Do not tell me "NONE" They made choices. and that

means I have choices!!  They don't know the "Wrath I can bring as a grieveing wife to get things "DONE" 

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That might be the best thing to do , as Broncovet suggested.But was any timely NOD filed that would warrant an attorney to even be able to accept POA?

I believe the VA is correct. There are no claims pending.

(Unless you have proof from USPS or ebenefits,)that they received the substitution form within one year after his death.)

But it seems to be that form might not even matter because we have no idea how you got DIC, CHAMPVA, and DEA benefits.

A DIC award rationale statement is usually very short, very little rhetoric and the evidence and decision I asked if you would attach here, would help if we can read it here ( cover C file#, name prior to scanning it.)

I had a similiar claim to your in many respects and have handled DIC claims for over 2 decades but none of your info here makes sense to me so I hope more members will chime in on the whole thread.

We can certainly find out if his ship was on the AO presumptive list but maybe VA determined it was and that is why they awarded SC death.That info ,and the ship's name would probably be in their DIC decision.

The only avenue of approach I see here is that there could possibly be retroactive money due to you if this can be proven to be a death due to AO, if and only if your husband died of one of the 3 presumptives in the 2010 Nehmer Court Order....and probably if he did have IHD ,and it caused or contributed to his death and his proven exposure to AO , by virtue of whatever ship, LST, VESSEL, landing craft, etc etc he was on that put him onto the AO VA Ships list .

That could put your claim under Nehmer, possibly for retroactive payment-as I stated before,( regardless of whether the Substitution form or any AO accrued form had been filed)

I hope others will read the entire thread and advise you.

I have no other advice.

 

 

 

 

 

 

 

Edited by Berta
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Thanks Buck, and everyone who weighed in.. Your all my saving grace.

Buck, I got the substitution of claimant filed. (just in time) I have all my records. on everything, so they will  be dealing with my wrath as soon as I figure out all they have done, and didn't do. My main question really was. Is it too late for a "Torte claim" AND will the statutes of limitations, Null and void everything for me?

ALSO: He had IHD, Diabetes Melitis. Neuropathy and ED. All of which are on the AO list of ailments. 

AND it has already been verified and processed that the VA was responsible for his death. I just don't know what else they need to know to have these claims retro active. The retroactive money is what we (I) have been waiting for for 3 years.

I had "NO" idea there were "NO" claims. after all this time.

As I said I have paper stating "They were working on it".

It seems like a slam dunk rightfully so, but we are dealing with the VA, and they want you to "GET TIRED". Well now that I can't work, I've got nothin else to do. Cant wait to get the papers stating "There are no claims on Monday morning and I will be making a trip to the VA rep that helped me with filing the claims. 

God speed to all of you who deserve "MORE"   

Edited by Poopsy Woopsy
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14 hours ago, broncovet said:

I used to not say this, but after I have been working my claim 15 years, I wished I would have hired an attorney sooner.  Let me explain:

Its above a gs7 pay grade to sign a document which results in 6 figure retro.  Sure, it may happen, but you might win the lottery too.  

Its gonna take a judge to sign that you deserve six figure retro..a regular rating service rep just does not do that.  So, you need to get it to CAVC, or at least BVA asap.  And these guys listen to lawyers..judges are aformer lawyers.  

I suggest you hire an attorney.  OVERCOMING a late filing of any kind is not childs play.  For me, I wont have to pay much for my attorney, if anything at all, because she was already paid 6000 EAJA fees.  This means that VA took a position against me that was "substantially unjustified."   Its what they do.  

I think I am not going to have a choice in getting a lawyer broncovet but remember, a lawyer was the one that steered me away from anything to do with a Torte claim. (I wish I could remember if it was someone associated with VA or a lawyer against the Va. I would think that if it was a lawyer, he would have jumped on such a cut and dried case.) I was in such a stupor over the death of my "Donnyboy" I didn't even know what day it was. So "I pay?", NO, they will pay, HELL or high-water. Got any suggestions on getting a lawyer?

  

14 hours ago, broncovet said:

I used to not say this, but after I have been working my claim 15 years, I wished I would have hired an attorney sooner.  Let me explain:

Its above a gs7 pay grade to sign a document which results in 6 figure retro.  Sure, it may happen, but you might win the lottery too.  

Its gonna take a judge to sign that you deserve six figure retro..a regular rating service rep just does not do that.  So, you need to get it to CAVC, or at least BVA asap.  And these guys listen to lawyers..judges are aformer lawyers.  

I suggest you hire an attorney.  OVERCOMING a late filing of any kind is not childs play.  For me, I wont have to pay much for my attorney, if anything at all, because she was already paid 6000 EAJA fees.  This means that VA took a position against me that was "substantially unjustified."   Its what they do.  

 

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http://vet4vet.net/cases-we-handle

The link is to  RawlsMcNelis who can give a free consult and even ‘chat’ on line briefly with you.

I just chatted with them as to the Statute of limits aspect here.But this was their on  line firm operator and they need to hear from you.

I suggest that you tell them your "handle " here at hadit and refer them to the posts and replies you have received.http://community.hadit.com/topic/69387-poopsy-woopsy/?page=4

One of their lawyers might call me but I think I made it clear that I don't need a lawyer myself ,but I will certainly discuss the SOL situation as an advocate if they call me....as it could help others here.

Make sure yiou tell them the date of your husband's death and the date of the cardio doc whose IMO stated a rationale for the negligence.

I still have no idea what type pf DIC you get and what for.Best to have the DIC award and even a copy of the non VA cardio opinion on hand if you contact them.

They will probably ask you the same questions we have asked here.

 

 

 

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That firm emailed me that they could not help.

I don't know if that decision was made by one of their lawyers or by the web site operator.

I guess the 2 year statute is binding for every FTCA claim and cannot be questioned.

But the VA has made me question anything negative anyone from VA  or even from an attorney familiar  with FTCA issues.

I suggest that you google FTCA malpractice lawyers and many many will pop up, and then I suggest you contact any of them in your state.

Since states control FTCA settlements in most states there days, you might need an attorney from your state.I didnt have an attorney for my FTCA so I dont know if they have a jurisdiction facet of their FTCA cases...

maybe someone here would know...Since the SF 95 has to be filed in the same state the malpractice occurred in,I guess that would make sense to have a POA attorney from the same state..

 

.

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Hey Broncovet,

Just went to my VArep and she told me she doesn't have any papers she filed..  She doesn't keep them!!!!!!!!!!!!!!!!!! WHAT. that wold be very foolish....I am going to sit down and go through the mounds of papers I have kept. This just keeps getting better and better.   Another thing I didn't mention he was at Camp Lejune, in the right timeframe for that also, which was put on the claim paper too. Haven't heard anything about that either

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