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otey2171

First Class Petty Officer
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Everything posted by otey2171

  1. When I submitted a FTCA claim for the wrongful death of my father the Denver regional counsel did send me a letter stating that they had recieved my claim. If I remember correctly it took about a month to get the letter. It might depend which regional counsel office you send your claim to. It took the regional counsel 15 1/2 months to investigate and decide my claim.
  2. FTCA claims settled for less than $2500.00 are settled with the VA and not the US of A.
  3. rickb54, I completely agree with your opinion. I think the abuse of IU is going to jepordize it for the people who need IU.
  4. The comp and pen office at the VA hospital lost my c-file once for 4 months. They insisted they had sent it back to the RO. As we were talking they decided they would look for my c-file expecting not to find it. They pulled some files out of a bottom of a filing cabinet and there it was laying flat on the bottom of the drawer. It would probably still be there if I hadn't went to the VA hospital in person and asked them to look for it. I had a comp and pen exam 2 months ago and it took 7 weeks for the c-file to get back to the RO.
  5. Feel fortunate, the military is only getting 2.2%.
  6. The VA's web site is down right now, but 100% with spouse is a little above $2,500.00
  7. I filed a FTCA claim for the wrongful death of my father at the Denver VAMC. I've been waiting 403 days so far. I've had frequent contact with the VA attorney handing my claim and he keeps asking for 30 day extensions every month. Has anyone else experienced the same treatment of their FTCA claim and if so how long did your claim take?
  8. NO, what I'm saying is he can receive both railroad retirement and social security in addition to va disability. I've only been receiving railroad retirement and VA disability for the last 2 years. When I was talking about railroad retirement and social security together I got completely off subject. Since 1984, individuals can't receive both railroad retirement and social security. The WWII vet probably retired before 1984 and can receive both railroad retirement and social security, because he was grandfathered under the old law. But I think this all applies only if he is service connected, not attempting to get non-service connected VA pension.
  9. I'm currently receiving railroad retirement disability and VA 100% iu. Railroad disability is treated the same as social security. People who quailfied for railroad retirement and social security could receive both until 1984 when president Reagan pushed a law were a individual can receive only one of the two.
  10. If he had lived in New Mexico for 10 years before his death she would qualify for College education.
  11. The only answer I have is if you are 50% or more you receive travel pay for all appointments
  12. I had a lumbar puncture a couple months ago and now I'm suffering from discitis. A infection of the discs in my lower back. The lumbar puncture was to diagnose non service connected MS. Can I claim service connection for the discitis or should I file a 1151 claim? With me suffering from discitis can I undergo another lumbar puncture or will I have to wait for the infection to resolve?
  13. What are the rating percentages for fibromyalgia? I look at the c.f.r. title 38 part 4 and I don't see fibromyalgia. I found chronic fatigue syndrome but not fibromyalgia.
  14. I received a GAF of 40 and received a 70% for major depression for a combined rating of 80% and TDIU. Was also granted SSDI based soley on my VA disabilities.
  15. I've been taking antidepressants for years. The antidepressants are anticholorengeic which cause urine retention and reduced urine stream. I've told different doctors of the problems but they have continued to prescribe different meds that cause this problem. Now even when I'm not taking the antidepressants I still have the urinary problems. I seen a private urologist , he did a scope and a flow test. My residule in my bladder is over 200cc and my flow is slow. Any residule over 150cc is a 30% rating. He said I might need to do self catheterizations. He doesn't see in physical reasons for my problems such as enlarged prostate. strictures or infection. If the cause of this is the use of antidepressants, is it a 1151 claim or just a secondary condition?
  16. Leroy: Did you ever file a ftca claim against the VA for malpractice?
  17. I personally don't feel like that is the intent of indivdual unemployability. Look at yourself and ask if it is the honest thing to do. Did you retire because of your disability or because of your age? This is the reason the VA is looking so hard at IU. IF you deserve it you deserve you deserve it, but if you don't, don't take advantage of the system.
  18. Could you be a little more precise of what you current disabilities are and the current ratings.
  19. I guarantee people will be along to help you. At the very least he should be service connected for diabetes due to vietnam. Good luck.
  20. Berta, the VA has had my ftca claim for 8 months now. The U.S. attorney has asked for 2 extensions for more time to investigate and evaluate my claim. He's telling me that a VA medical center that wasn't involved in my fathers death is reviewing the claim to determine liability. Is it normal for the regional counsel to send a ftca claim to a different VA hospital to determine liability or conduct an peer review? The Va pamphlets that I have read mention nothing about peer reviews being done at differnet VA hospitals.
  21. Settlements and awards of ftca claims dropped almost 50% from 2004 to 2005. 2004 settlements and awards were over $100 million . 2005 settlements and awards were down to $59 million, the lowest it has been in years. Does anybody have the reason for such a large drops?
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