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

[sweeper68]

Pete, I have no intentions of leaving it on the table, according to all I can research and glean from other vets experiences the VA pays 1151 claims as if it were SC at (in my case 100%) I am already 100% SC Ptsd from Dec.95 with a retro in the amount of 67.000.00 in 2003. I get the housebound rate from 2003 also.. Now. As I understand Sec.1151 the 100% PTSD comp. is offset by the 1151 award? Am I correct? In other words no increase in my monthly comp, thus the 1151 is basically worthless to me, and VA comes out unscathed. I came out with severe heart damage! The VA awarded my 1151 back in May 05 after my inquiring and pushing for 5 yrs., my then POA. AMERICAN LEGION, whose offices are located in the same bldg. ( did nothing, nada, zilch )!!! they probably sleep in the same beds too.. But I won't render my opinion of them here.. But If any American Legion vso,s are monitiring this post, you will be hearing from me.. trust me!! the worldwide web has big ears.. On the FTCA issue, it awaits the OGCs decision, which could be years down the road or I could file suit now and the court would make a motion to stay, because I have not exausted all of my administrative remedies!! Turn me over I'm done and pissed again!

I thoight I would add another tidbit of an example of VAs' efforts to avoid the 1151.. An award letter in 2003 states " You are already service connected for Hypertension and CABG ( bypass surgery on a direct basis) effective Dec.95 !! We cannot award 1151 benefits as this would result in pyramiding.. I found this statement astounding! I was rated for CABG 5 years before my heart attack and bypass surgey, now,, is that not a miracle? And yet another award letter states "We have decided to award 100% SC CABG effective Oct.2001 which is the date we recieved your claim."(the 1151).. Just one more example of their efforts to keep the 1151 from going to BVA and getting a full review. I know for a fact the OIG took a look at it, because I have a inner offfice memo in my records that discusses it being with the OIG in 01... Will find it interesting to read the 1!51 award letter when it arrives, but it probably will be a copy of the one I already have..I have a word of advice to anyone pursuing an 1151 claim.. Get a copy of all your disabilty ratings and the medical designation they have listed on them, because they flipflopped my designations around to suit their needs at the time!! sweeper68