Ftca & 1151

[carlie]

VERY INTERESTING - PLEASE check this one out and see what you make of it.

http://www.va.gov/vetapp/files3/9420589.txt

carlie

[Berta]

CARLIE_ What a Find!!!!!

Yowweeeeee------!!!!!

I see it took 12 years for him to succeed under FTCA- that is ridiculous!

Good thing he pursued this.

In my case- even after I settled via the VA with General COunsel, the attorney said that- although there was a parital offset -the VA would have to award my DIC and I should send them copy of the settlement papers.

I did and then they denied AGAIN! I was on the warpath but before I got out my tom toms I called the lawyer again in DC and told him to square this away with the RO.

He did and I got my DIC award.That is they said I wouldnt see any cash until the offset was paid. They used th4e whole settlement amount.

The offset was wrong.They were only to offset a portion of the award and this was part of my settlement with the US of A on paper-which they had.

I appealed it, and then they denied at RO and the BVA. I didnt pursue it.

Then one day it hit me that it still didnt make sense and I got out the settlement papers and filed a CUE claim. RO and BVA denied the CUE.

I didnt pursue it beyond that point.

When I re-opened the Agent Orange direct SC death claim-in 2003 -the Regional Counsel had to verify the wrongful death claim in 2004 -2005 ? I forget when-and he saw the CUE and then the VA sent me the money-the letter said something like We were told by the RC to send you this money---like they didnt want to-they sent 28,000.

Then one day I tried to figure out how they arrived at that-it didnt seem right- also at same time my DIC checks were coming but at an amount for the wrong year!

So I wrote to them and said according to my calculations- they either owed me 300 on the DIC or $11,000 on the offset or both.In 3 weeks I got both checks. -----I will never buy what the VA trys to sell me again.Ever.

That is why I have a accrued SMC CUE there now.I bought what they said in 1998 on something in a decision,never NOdded it- and they were legally wrong and owe me more money there too.

This BVA case is a good example of how difficult the VA makes things for some of us.

And it also shows that when you are right , you must persevere until they crumble.

Wonderful BVA decision!

Edited May 1, 2007 by Berta (see edit history)