Perfected Ftca

[sweeper68]

I filed a letter of complaint to BVAMC after suffering a heart attack and residual damage due to their (BVAMC) not addressing the diagnosis and complaint (non treament of a known condition for 3 years ). Instead of filing a complaint claiming an amount certain the VSO told me I could write a letter of complaint to the hospital but not to enter an amount for damages ! Of course they never replied to my letter.And I filed an 1151 within the 2years of my heart attack. It was denied after 4 years in the merry go round called adjudication. But strangely enough they awarded a 100% rating for heart shortly after learning where I was going with my complaint.. I did not even submit a claim for the heart ! anyway I filed an sf 95 (registered mail )shortly afterward and it got lost after waiting for a reply for 2 years and was told to submit a new one !! Yes! the ride is just beginning! I submitted a new claim( copy of original ) ,this time time they admitted reciept of the claim.I know the FTCA law stating you must notify the offending agency for a claim to be valid, so the question IS. do I stand on solid ground as far as procedure goes? My POA is the American Legion and my opinion of them is lower than a snakes belly ! Anyone with knowledge that could assist me would appreciated.. Sweeper 68 Vietnam Vet 67-68 Central Highlands

[Berta]

I went back to your other posts because I forgot how you claimed these as 1151 disabilities-

Yes -failure to treat! or what the regs call "omissions of an act" sameo sameo

You case is similiar to my FTCA.

My husband's heart disease, strokes (and now his AO DMII) was proven to be evident in his clinical records (EKGs, blood work, ER notations, etc and they were all diagnosable and treatable for 6 years prior to his death.

Failure to treat that causes residual disabilities or death= equals 1151 and/or FTCA award.

[sweeper68]

I went back to your other posts because I forgot how you claimed these as 1151 disabilities-

Yes -failure to treat! or what the regs call "omissions of an act" sameo sameo

You case is similiar to my FTCA.

My husband's heart disease, strokes (and now his AO DMII) was proven to be evident in his clinical records (EKGs, blood work, ER notations, etc and they were all diagnosable and treatable for 6 years prior to his death.

Failure to treat that causes residual disabilities or death= equals 1151 and/or FTCA award.

Berta, I'm very sorry that you lost your husband to such gross incompetence and I'm sure he would be proud of you for carrying on the fight for veterans!

[Berta]

The day he died I promised him I would[sweeper 68-never knowing with no indication at all that hours later he would be dead.

The VA almost got away with this wrongful death.If I had not done the medical and legal leg work they would have.

The award letter I got on the more recent claim a few months ago still bothers me.

These were AO conditions they misdiagnosed.

Still0 seeing a service connected death award has Honor to it for him -the wrongful death awards held no honor at all.

[sweeper68]

The day he died I promised him I would[sweeper 68-never knowing with no indication at all that hours later he would be dead.

The VA almost got away with this wrongful death.If I had not done the medical and legal leg work they would have.

The award letter I got on the more recent claim a few months ago still bothers me.

These were AO conditions they misdiagnosed.

Still0 seeing a service connected death award has Honor to it for him -the wrongful death awards held no honor at all.

Those that are charged with the responsibilty of caring for our vets and fail to do so in an professional

and caring manner will carry dishonor all the days that they live, as well as those that tried to cover it up! Every veteran at one time or another in their military service wrote a blank check payable with their lives to America! Sweeper68

[Commander Bob]

Those that are charged with the responsibilty of caring for our vets and fail to do so in an professional

and caring manner will carry dishonor all the days that they live, as well as those that tried to cover it up!

Putting some of them in orange jumpsuits for a while would help.

[sweeper68]

Putting some of them in orange jumpsuits for a while would help.

That would be too easy on them.. I was leaning more toward putting them in a cage at the zoo and letting the monkeys sling poo on them while we watch ! lol..