Injury Due To Hospital Treatment

[kluender]

Can a claim be filed for an injury due to hospital treatment if the hospital isn't a VA hospital, but is a military hospital (Fort Jackson, Moncrief)? Also, the statute of limitations has passed which prevents the person from filing a Federal Tort Claim.

Thanks

[dansdad]

if that surgery can be SC the va will support the vet.....but there are still questions to answer, IE: did he have SCed DMII,or some other way to SC the eye injury? did his eye specialist send him to the military? if he the vet, opted to use his retiree status to obtain the necessary proceedure from the us goverment, can the 1155 claim rules be used??? up until 1994-5 the answer was no, however, the government was challenged and lost. I used the rule change in 1996, but it may have been changed since then.

[dansdad]

kluender, pls turn to section 3.157 report of exam or hospitalization as a claim for increase or to reopen ......auth 38 USC 5110(a)) specifically i think your looking for para (:P(1) of that section.your claim under 1151 due to time but va support is avail...SC it and then get that eye repaired. and bless you for continuing the search to help your "VET"!!!!!

[dansdad]

sorry the para is (:P(1).....the smiley face goot in the way

[kluender]

Thanks dansdad. I'll always fight for "my Vet"!

sorry the para is (:D(1).....the smiley face goot in the way

[Ricky]

Sorry but there is no connection to the VA on this issue. The veteran appears to have utilized his earned Tricare benefits which has nothing to do with the VA.

For an 1151 claim to succeed you there has to be neg or malpractice on the behalf of the VA - for a claim via normal service connection channels the injury would have to be associated with his active service.

If there was malpractice or neg on behalf of the army hospital or army doctor then it is strictly an army issue. What was the reason this was not resolved prior to the stat of limitation expiring? Your only course of action here would be discuss the issue with an attorny who practices in such civil matters. Sorry