The Last Straw

[marielovesashley]

Hi,

Well, I think I'll get a bad confirmation so please take your time to reply to this one.

Ok I am hunting for attorneys since my husband's death and this last time was my my third big sprint. Among all these attorneys I hunt right after my Ashley's death, none of them cared enough to tell me that I only had 2 months left to appeal because all they cared about is to tell me that they were not accepting my case - I just got this bad new June 18, 2008, 9:19 PM .

From my understanding, I think that an answer from the Director of a VAMC (because I complained to the Congressman about the poor care my husband received) be a good document to go ahead to fill for an appeal (and that would be equal to the BVA if I well understood the Chinese of an attorney) at the United States Court of Appeals for Veterans Claims but oh my good Lord, please help me to digerate and go throught that, I had only 120 days from April 5th, 2007, the date of the letter from the Director of the Department of Veterans Affairs Stratton Medical Center in Albany according to this:

"If you have a final BVA decision, your appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) must be filed at the Court within 120 days of the date of postmark mailing of your final BVA decision. That date of mailing is almost always the date of the BVA decision of denial" and my source is: Hugh D.Cox, Attorney at Law.

I went thought so much distress, I feel I can not take it anymore so please take your time to give me answer but I need to know. Of course, if there is hope for appeal at I went through so much, I feel I can not take it anymore so please take your time to confirm that I am right to believe that the United States Court of Appeals for Veterans Claims is over for me. Of course, please let me know if I am wrong because that would mean that I literally need to hunt like insane an attorrney because 1 year and 1/2 elapsed since my dear late husband's death.

Thank you.

Marie4Ashley

[Berta]

I went over your past posts and still have the same questions-

was your husband treated in any VA medical center?

Did you get an independent medical opinion that showed there was malpractice?

The Statute of Limits for FTCA claims is that you must file formal SF 95 claim within 2 years after being aware of the mapractice.

It looks to me that you have about 5-6 months left on that-

If you have a bonafide professional medical opinion of malpractice and that the negligent doctors were VA doctors and their negligence caused your husband's death- you would have no problem getting a lawyer.

Did you file the 21-526 we discussed here before?

This was for DIC widows benefits if you succeeded on the Section 1151 claim.

Did your vet rep help you prepare a Section 1151 claim?I think you said you had a American Legion Rep?

Could you send them (the VA Regional Office)substantial medical proof of malpractice from an Independent medical professional to support the claim?

Even if the FTCA claim time limit might be over, you can still try to support the Section 1151 claim.

Hugh Cox is correct- did you have a denial already from the BVA on the Section 1151 claim?

If so you have 120 days in which to file a Notice of Appeal with CAVC just as Hugh stated.

Whether FTCA tort claim or Section 1151 or both you must have substantial medical proof from a doctor to show that the VA malpracticed on your husband and caused his death.

[marielovesashley]

Yes, yes, yes, Berta my husband was treated by a VAMC and that is why the Director of VAMC replied to my Congressman - how could it be otherwise?

I am sorry, I also have to deal with Immigration and all I have in US is problems. I get my VA pension of 624$ so it is not about that.

I would like to get the IMO but I don't have the money for now so I could not substantiate medical proof of malpractice from an Independent medical professional to support the claim. But I just sent an email to Dr. Bash anyway.

I wrote a long letter to the Congressman McHugh and then he contacted the Director of a VAMCThere is no representant here where I am and I am by bike or foot because no green card.

and the director of VAMC replied on April 5th, 2007 like I said. Your question: Did you have a denial already from the BVA on the Section 1151 claim? The answer is: no.

So that means that in the meantime, I'll do what I can as usual because it is all I can do.

Thank you.

[SeattleShay]

Please do not let the VA find out that you are an illegal alien...They will stop your pension and ask for back pay.

Get an immigration attorney NOW and get that taken care of.

[Jayg]

Please do not let the VA find out that you are an illegal alien...They will stop your pension and ask for back pay.

Get an immigration attorney NOW and get that taken care of.

I take it her late husband was an American soldier (or other military branch). Doesn't marraige to a US Citizen, Military or civilian- no matter, carry rights of citizenship for foreign born spouses?

[Rockhound]

As to a right to citizenship or to such rights, the answer is NO! If she was not already here, she either came over on a marriage VISA or one of a few different types, but all are temporary. Since her husband, and let me make it clear, If they were married by a recognized clergy or justice of the peace, then they are married, green card or not. If she is here past her VISA Date, then she would be subject to deportation, but I do believe she would be elligible to seek some sort or waver so that she may seek Citizenship or permanent statis. If there are children it would make it a bit more simpler and easier. But NO. she is not a citizen just because she married a citizen. I kow that for a fact, since one I married my Chinese wife, she still had to ask and recieve a Green Card while she waited and completed the necessary requirements for citizenship, whch she did. Firts foriegn wife took three years for citizenship, Second wife took five years. Oh yea, married three times. Only wife that left me on bad terms was my american born white anglo saxon one. Boy did she take me to the cleaners, despite no childres. Last laugh on her, still got the homestead back after she couldn't make the payments or wouldn't.

Sorry exwives, it's hard to be married to someone who has past service issues that remained unresolved. LoL Parted as friends, but they couldn't take it any longer and I quite agreed with them. I'd look again for a mail order bride, but I'm just to messed up and couldn't afford to support two let alone myself on SSDI.

I wish her luck, but I recommend strongly that she seek out an immigration advocate or Attorney. Sorry but I don't know how her immigration status would effect her VA claim, I do know that it is very important that she be able to show the VA they were legally married at the time of his death. Oh yea, living under the same roof at the time also.

Rockhound Rider B)

Edited June 21, 2008 by Rockhound

[Berta]

I was confused by your past posts as to where your husband was actually treated as it seemed he had been in non VA hospitals too.

I hope you filed the Section 1151 claim and this will give some time to gather the evidence you need.

I dont feel you can succeed at all without a medical opinion that definitely shows the VA committed malpractice due solely to his VA hospital care.

You can certainly try to do it yourself but when I did that it took days after day,week after week,month after month to study my husband's medical records and to study what they medically involved.I felt I had to get up to the level of the VA's Chief Cardiologist-at least to the point I knew what I was talking about medically and to make sure they considered the evidence properly.

If there was VA malpractice it is going to be within your husband's VA medical records.

It might be hidden in obscure ways but it will be there.

The Section 1151 claim should be supported by any medical records you have that reveal any potential malpractice.

My husband died wth a school age child here and a livestock farm.Luckily I was the livestock farmer and he wasn't-he worked off the farm-so I could maintain all that-which was a full time job but I also had to travel many miles every week to use law libraries and medical libraries- this was prior to Google and the internet we have today-which makes research so easy.

I dont understand the green card situation at all.If you h are not working -you can study his medical records and all the medical information you can get ,like I did, and use this to support your 1151 and FTCA claim.

But I dont really recommend anyone doing this themselves.If you cannot afford a medical opinion-this is what you will have to do-study his complete medical condition and then study his VA records carefully to see-once you completely understand his condition-if the VA took proper steps (the same steps of treatment that are within the standard medical community)to treat the condition he had.