Just Got Imo

[rattattat]

The friend that I have been helping just got his IMO report. It was awesome! NOT only did it state that his injuries were more likely than not caused by combat , but the report also pointed out many instances of negligence and substandard care by the VA. Everything was documented in the records, and explained in plain English what exactly occured.

"Whether through carelessness, neglect, arrogance or plain stupidity,Mr.----- nearly died before they "righted the ship".

"I want to make clear that this damage was avoidable and inexcusable. The four years that this damage was allowed to continue is one of the most egregious examples of neglect that I have ever seen."

We were astounded by what the doctor found in the records.

My question is when we send in the report should we keep the original and send a copy,and should we send it directly to the RO or to the DAV rep ?

It contains so much more than what was in the claim. Should we amend, and add the secondary disease and injury ? We are also thinking FTCA, and 1151 now.

Please advise.

[rattattat]

I almost forgot. The report also said one diagnosis that was in the record was erroneous and should be removed from the file.

[Pete53]

First of all keep the original. You can file a claim but your clock starts ticking from the date of the IMO. I would make a copy and attach it to a cover letter requesting the VARO use the IMO to rate the claim and also be specific to add the other problem.

My feeling is if they read the IMO they will grant in a hurry. Your Vet may consider notifying the Inspector General and asking them to look into the problem with a copy for the IG. I feel that when they feel heat at RO the claim will be handled quickly.

You should also consider that the VA may retaliate so careful consideration should be given to anything you do.

[Berta]

FTCA and Section 1151 claims only involve VA malpractice and medical negligence.

"but the report also pointed out many instances of negligence and substandard care by the VA"

Some of this sounds like it happened aboard ship during service.

Due to the Feres Doctrine -there is nothing he can do about that.

FTCA has a Statute of Limits- if the IMO is the first time the veteran became aware of VA malpractice- that would be the date of his SF 95 FTCA claim-well within the statute of limits-

He should also file a Section 1151 claim too.

DAV doesnt handle FTCA but they can advise on the 1151 claim.

Both of these types of claims involve bonafide proof of negligence or malpractice committed by the VA and both must also show documented additional disability due to the negligence or malpractice.

As Pete said -if the IMO is the first date he became aware of this malpractice by VA_he is well within the 2 year Statute of Limits for an FTCA claim.

I suggest that he talk the FTCA over with a malpractice lawyer -there are plenty on the internet-

And also pursue under Sec 1151.

Section 1151 claims and successful FTCA settlements have an offset factor to consider.

The VA will pay for malpractice but not pay twice-thus the offset-

in other words-if he succeeds in getting VA comp under Section 1151-they will hold back that comp until they recover any settlement.

Unless he can make a deal like I did-

but that was a much much different type of case----

A vet who gets a FTCA settlement and then has a Sec 1151 offset can recover a lot of the offset by making solid financial investments with the settlement money.

As Pete said-send copies only to both the RO and the DAV and send them both certified or priority with a tracking slip.

I suggest that he send a 21-4138 as a cover letter in support of these IMOs.For his claim and then send copy of it attached to a Section 1151 which he should file separately from the claim they have now for direct service connected.

Edited August 26, 2007 by Berta

[rattattat]

Pete, Berta, thank you for your help.

Without hadit we would not have had the knowledge to have gotten this far in the process.

Thanks sooooo much!