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V.a. Wins


mymissie

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V.A. Wins I helped a VN Vet that I knew to get 50%,last year. I noded it as he should have gotten 100%,from the word go.

I called the VA in Lafayette,made an appointment with the shrink,TOLD him that this Vet was going to Kill himself,an Vet went see him. The Vet told me afterwards that the shrink more or less brushed him off.

This after this vet had been committed in Alex.,La. years ago,an was told that if he was ever back in their ward, HE would NEVER GET OUT. That is why he was not willing to trust the VA again

SO 2 WEEK AGO < HE TOOK HIS OWN LIFE > Drove 8 miles,bought a gun,went home ,called his family,told them what he was going to do,went outside an shot himseld. DIED right there.

He was 56 years old,so lets see! The V.A. will save 1/2 million dollars? B)

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V.A. Wins I helped a VN Vet that I knew to get 50%,last year. I noded it as he should have gotten 100%,from the word go.

I called the VA in Lafayette,made an appointment with the shrink,TOLD him that this Vet was going to Kill himself,an Vet went see him. The Vet told me afterwards that the shrink more or less brushed him off.

This after this vet had been committed in Alex.,La. years ago,an was told that if he was ever back in their ward, HE would NEVER GET OUT. That is why he was not willing to trust the VA again

SO 2 WEEK AGO < HE TOOK HIS OWN LIFE > Drove 8 miles,bought a gun,went home ,called his family,told them what he was going to do,went outside an shot himseld. DIED right there.

He was 56 years old,so lets see! The V.A. will save 1/2 million dollars? B)

Yep, MyMissie - the DVA's beancounting shuffle...."deny, delay, deny, delay as more and more shuffled veterans die each day." That pathetic burial benefit is all the DVA will have to shell out for your VN Vet. That's their goal and has been and will remain to be the DVA's goal. I don't see it changing....not in my lifetime. -- Michael

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Why don't you do up a half page summary, attach a photo of the vet and copy of the news paper article and send it to:

1: Brother in Arms Steven Buyer so he knows for sure that he has blood on his hands. He will not care but I bet his opponet would love to know as we move into the 2006 race.

2. The service manager at the RO involved. Just to let them know they also have blood on their hands and it is their criminal actions that caused such an incident in which they all should stand trial for murder.

3. This whiz bang committe that is conducting the current studies of the welfare services of us drunken, dope taking, just want a hand out vets, just to let them know that if they keep extending their dead line for the completion of their reviews that it will surely be easier to push through changes since most of us worthles drunks just might be dead before they make their findings known.

Just ranting. This really pisses me off. Eventhough I do not suffer from a mental disability I still feel like ending it all so I do not have to deal with the VA one more day so I would hate to imagine what someone like this vet had to go through.

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MY Missie-

This veteran's family may well be able to successfully sue the Veterans Administration for wrongful death.

At the very least his widow certainly has a right to accrued benefits- BUT she must re-open that claim in her name and also I see her potential for Sec 1151 DIC- I get 993 a month but the COLA hasnt kicked in yet-

they will add more for any children under 18-

I suggest that the widow IMMEDIATELY get a copy of all of his VA medical records-

When I got Rod's after his death, they accepted his death certificate and me as surviving spouse-

Last year when I needed copies of some that were difficult to read I had to go through some Bull crap digging out my Letters of Administration-

I suggest she get these med recs right away before they start losing stuff and also before they start to impede her by requesting LoA, or other court papers- as happened to me last year-

I know it was a ploy as I needed these records for an IMO.and had problems with their local FOIA person in the past-she is only one of a few people still at this VAMC that remembered that they killed my husband in 1994.

She needs to fill out the 21-534 -I will attach it-

I suggest she answer # 10 as Yes-the veteran died due to VA care-(Sec 1151,38 USC)

and under # 37 Remarks - State I am filing a claim for DIC under Sec 1151, 38 USC. and also a claim for the veteran's accrued benefits.

(please remind to to help with her with that)

BEFORE sending the 21-534 however- please make sure she gets the entire VA medical reocrds and also-

Do you have an appointment mailer or anyway to prove that you spoke to the shrink about his possible pending death? Your Notarized statement to this affect will be great but- I made sure my concerns were documented by the Chief Med Director prior to Rod's death and that was a significant factor in a medical report he did for my Sec 1151 claim.

I will also attach here the initial SF 95- for a tort claim against the US of A-

This too I will help word it the way I worded mine. (she should not send until she has his medical records)-

I have won an FTCA claim and Sec 1151 over the wrongful death of my husband-

I cannot quanantee the outcome here but based solely on what you have posted there is no doubt in my mine that the VA contributed to the death of this veteran.

This widow is dealing with so much - I imagine she might not want to deal with these claims matters yet-

she has time----FTCA SOL is within 2 years of knowledge of circumstances leading to death.

Suicide took a hadit member's son this month and a Vietnam vet friend of mine last Christmas.

The VA does service connect suicides based on medical evidence:

http://www.va.gov/vetapp99/files2/9915475.txt

"FINDINGS OF FACT

1. In a rating decision dated in February 1994, the Regional

Office (RO) granted service connection for PTSD, and rated it

10 percent disabling effective November 1993. The veteran

did not appeal that decision, nor did he file a claim for an

earlier effective date or an increased rating. He had no

claims pending on the date of his death.

2. The veteran died in October 1994 as the result of a self-

inflicted gunshot wound.

3. The veteran's death was found to be service-connected,

and the appellant, his surviving spouse, was awarded

dependency and indemnity compensation (DIC). "

DO NOT LET THEM GET AWAY WITH THIS. If I did not obtain and study my dead husband's med recs- (it took a lot of work and reading medical literature) they would have gotten away with their piss poor medical care that the VA in 1997 stated had caused his untimely death in 1994.

(I cant find my disk for SF 95- will post that form here later today and I need to dig out the one I filed)

MyMissie- I consider the actions that you took, on behalf of this veteran, to be HEROIC and of the finest

quality of concern for a veteran. I highly commend you for doing something that you did not have to do, to attempt to intervene in this veteran's care. Your actions -had they prompted some VA doctor to act appropriately, could have staved off this veteran's death.

I don't meet too many contemporary heroes- yet this board of full of men and women who are true heroes-

by past military experience but today you have given me the honor of knowing of your deed-

and I cannot thank you enough for the actions that you recently took.

I feel for this family-I have seen two disabled vet husbands of mine die.

Their pain at this point is just unbearable. When she is ready I will help you and her sue the VA for this unconscionable and wrongful death.

Berta

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MY Missie-

This veteran's family may well be able to successfully sue the Veterans Administration for wrongful death.

At the very least his widow certainly has a right to accrued benefits- BUT she must re-open that claim in her name and also I see her potential for Sec 1151 DIC- I get 993 a month but the COLA hasnt kicked in yet-

they will add more for any children under 18-

I suggest that the widow IMMEDIATELY get a copy of all of his VA medical records-

When I got Rod's after his death, they accepted his death certificate and me as surviving spouse-

Last year when I needed copies of some that were difficult to read I had to go through some Bull crap digging out my Letters of Administration-

I suggest she get these med recs right away before they start losing stuff and also before they start to impede her by requesting LoA, or other court papers- as happened to me last year-

I know it was a ploy as I needed these records for an IMO.and had problems with their local FOIA person in the past-she is only one of a few people still at this VAMC that remembered that they killed my husband in 1994.

She needs to fill out the 21-534 -I will attach it-

I suggest she answer # 10 as Yes-the veteran died due to VA care-(Sec 1151,38 USC)

and under # 37 Remarks - State I am filing a claim for DIC under Sec 1151, 38 USC. and also a claim for the veteran's accrued benefits.

(please remind to to help with her with that)

BEFORE sending the 21-534 however- please make sure she gets the entire VA medical reocrds and also-

Do you have an appointment mailer or anyway to prove that you spoke to the shrink about his possible pending death? Your Notarized statement to this affect will be great but- I made sure my concerns were documented by the Chief Med Director prior to Rod's death and that was a significant factor in a medical report he did for my Sec 1151 claim.

I will also attach here the initial SF 95- for a tort claim against the US of A-

This too I will help word it the way I worded mine. (she should not send until she has his medical records)-

I have won an FTCA claim and Sec 1151 over the wrongful death of my husband-

I cannot quanantee the outcome here but based solely on what you have posted there is no doubt in my mine that the VA contributed to the death of this veteran.

This widow is dealing with so much - I imagine she might not want to deal with these claims matters yet-

she has time----FTCA SOL is within 2 years of knowledge of circumstances leading to death.

Suicide took a hadit member's son this month and a Vietnam vet friend of mine last Christmas.

The VA does service connect suicides based on medical evidence:

http://www.va.gov/vetapp99/files2/9915475.txt

"FINDINGS OF FACT

1. In a rating decision dated in February 1994, the Regional

Office (RO) granted service connection for PTSD, and rated it

10 percent disabling effective November 1993. The veteran

did not appeal that decision, nor did he file a claim for an

earlier effective date or an increased rating. He had no

claims pending on the date of his death.

2. The veteran died in October 1994 as the result of a self-

inflicted gunshot wound.

3. The veteran's death was found to be service-connected,

and the appellant, his surviving spouse, was awarded

dependency and indemnity compensation (DIC). "

DO NOT LET THEM GET AWAY WITH THIS. If I did not obtain and study my dead husband's med recs- (it took a lot of work and reading medical literature) they would have gotten away with their piss poor medical care that the VA in 1997 stated had caused his untimely death in 1994.

(I cant find my disk for SF 95- will post that form here later today and I need to dig out the one I filed)

MyMissie- I consider the actions that you took, on behalf of this veteran, to be HEROIC and of the finest

quality of concern for a veteran. I highly commend you for doing something that you did not have to do, to attempt to intervene in this veteran's care. Your actions -had they prompted some VA doctor to act appropriately, could have staved off this veteran's death.

I don't meet too many contemporary heroes- yet this board of full of men and women who are true heroes-

by past military experience but today you have given me the honor of knowing of your deed-

and I cannot thank you enough for the actions that you recently took.

I feel for this family-I have seen two disabled vet husbands of mine die.

Their pain at this point is just unbearable. When she is ready I will help you and her sue the VA for this unconscionable and wrongful death.

Berta

21_526.pdf

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Here is the link to that SF 95:

http://www.usdoj.gov/civil/forms/sf95.pdf

Just 2 pages- I still cant find my disk-

Please let me know before it is filled out-

The wording I used was highly instrumential in gaining the VA's immediate attention to my SF 95-

Also dont be like me- I only asked for 5 million- (Question 12) she should request much more than that-

Out of court settlements like mine- often involve state laws that tap any FTCA award.

She should see what the state laws are on this. (she has plenty of time but I dont want to forget that point.)

When I sued the DAV- their lawyer told me I had done very well on this claim-as I did not accept the settlement until I got what I wanted within my states guidelines.

Money is meaningless-it does not alter grief or change the way a widow feels-

It is the only way the feds can compensate for wrongful death.

The important thing is that an FTCA claim can possibly prevent another veteran's death like this in the future. I am asking the feds to check into my husband's death- I do not think they handled their accountability on his death correctly.Sure they got rid of the local doctors who messed up- but I think they were sent to different VAMCS.

Also- I forgot- but my neighbor stopped by one day- I had never met her before-not unusual living in the rural hills of NY-she commented at all of the Service Flags, American Flags and POW flags I had out.

It wasn;t a Holiday- my girl was coming home on leave from the military. Hardly anyone ever sees them- more cows than people where I live-

As we talked she revealed to me that she received DIC due to her husband's suicide.

She didnt want to tell me too much more. Apparently the warning signs were there and either the military or the VA failed to act on them.

The widow of the Vietnam Vet I knew who killed himself last year-

seemed very reluctant to pursue a claim.and It would have been a very difficult claim.

This situation you have told us is much different then hers.

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MY Missie-

This veteran's family may well be able to successfully sue the Veterans Administration for wrongful death.

At the very least his widow certainly has a right to accrued benefits- BUT she must re-open that claim in her name and also I see her potential for Sec 1151 DIC- I get 993 a month but the COLA hasnt kicked in yet-

they will add more for any children under 18-

I suggest that the widow IMMEDIATELY get a copy of all of his VA medical records-

When I got Rod's after his death, they accepted his death certificate and me as surviving spouse-

Last year when I needed copies of some that were difficult to read I had to go through some Bull crap digging out my Letters of Administration-

I suggest she get these med recs right away before they start losing stuff and also before they start to impede her by requesting LoA, or other court papers- as happened to me last year-

I know it was a ploy as I needed these records for an IMO.and had problems with their local FOIA person in the past-she is only one of a few people still at this VAMC that remembered that they killed my husband in 1994.

She needs to fill out the 21-534 -I will attach it-

I suggest she answer # 10 as Yes-the veteran died due to VA care-(Sec 1151,38 USC)

and under # 37 Remarks - State I am filing a claim for DIC under Sec 1151, 38 USC. and also a claim for the veteran's accrued benefits.

(please remind to to help with her with that)

BEFORE sending the 21-534 however- please make sure she gets the entire VA medical reocrds and also-

Do you have an appointment mailer or anyway to prove that you spoke to the shrink about his possible pending death? Your Notarized statement to this affect will be great but- I made sure my concerns were documented by the Chief Med Director prior to Rod's death and that was a significant factor in a medical report he did for my Sec 1151 claim.

I will also attach here the initial SF 95- for a tort claim against the US of A-

This too I will help word it the way I worded mine. (she should not send until she has his medical records)-

I have won an FTCA claim and Sec 1151 over the wrongful death of my husband-

I cannot quanantee the outcome here but based solely on what you have posted there is no doubt in my mine that the VA contributed to the death of this veteran.

This widow is dealing with so much - I imagine she might not want to deal with these claims matters yet-

she has time----FTCA SOL is within 2 years of knowledge of circumstances leading to death.

Suicide took a hadit member's son this month and a Vietnam vet friend of mine last Christmas.

The VA does service connect suicides based on medical evidence:

http://www.va.gov/vetapp99/files2/9915475.txt

"FINDINGS OF FACT

1. In a rating decision dated in February 1994, the Regional

Office (RO) granted service connection for PTSD, and rated it

10 percent disabling effective November 1993. The veteran

did not appeal that decision, nor did he file a claim for an

earlier effective date or an increased rating. He had no

claims pending on the date of his death.

2. The veteran died in October 1994 as the result of a self-

inflicted gunshot wound.

3. The veteran's death was found to be service-connected,

and the appellant, his surviving spouse, was awarded

dependency and indemnity compensation (DIC). "

DO NOT LET THEM GET AWAY WITH THIS. If I did not obtain and study my dead husband's med recs- (it took a lot of work and reading medical literature) they would have gotten away with their piss poor medical care that the VA in 1997 stated had caused his untimely death in 1994.

(I cant find my disk for SF 95- will post that form here later today and I need to dig out the one I filed)

MyMissie- I consider the actions that you took, on behalf of this veteran, to be HEROIC and of the finest

quality of concern for a veteran. I highly commend you for doing something that you did not have to do, to attempt to intervene in this veteran's care. Your actions -had they prompted some VA doctor to act appropriately, could have staved off this veteran's death.

I don't meet too many contemporary heroes- yet this board of full of men and women who are true heroes-

by past military experience but today you have given me the honor of knowing of your deed-

and I cannot thank you enough for the actions that you recently took.

I feel for this family-I have seen two disabled vet husbands of mine die.

Their pain at this point is just unbearable. When she is ready I will help you and her sue the VA for this unconscionable and wrongful death.

Berta

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  • HadIt.com Elder

Excellent advice Berta. Thank you for coming forward with a lawful, pro-active, right-thing-to-do response for all concerned in this matter. I wish I had a head on my shoulders to help, but these days it's MUSH. Missy, I'm sorry for your personal loss of a friend, and hope you will continue to aid the widow and her family. Berta, thanks again!!

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Berta

Thanks for the advice. This Vet has been Davorised for years,I guess because of his PTSD,Plus lose of sight in 1 eye, an Dibeaties-11.

He never told me how long he stayed in Building 9-in Alex. for mental breakdown.

He had just been told that he had to move,because of the property being sold. When he checked on another house,he found out that no way could he afford a place. Homeless,Panic attacks,going to 4 secissions of therpy,with private Therpist- 4 or 6 weeks. He does have a daugher,an some step daughers that I say at his funeral,plus brothers-sisters.My WebpageMy WebpageVA Wins

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No spouse- I think the surviving next of kin- his daughter- could sue- I will have to check that out-

This is just unconscionable and I fully believe that VA contributed to his death-

It is unfortunate that some vets who probably die due to lousy VA care have no one on their behalf to take action.

Without survivors as direct next of kin- the VA doesn't have to pay for these deaths under FTCA- still there is an accountability that I, in my husband's case, am just beginning to realise might never have occurred over his death-you multiple that times all the FTCA claims they get and then consider the 1151s deaths that are awarded but no FTCA claim occurred and it means that the VA does not have to

change their medical standards-if nothing is done beyond the point of writing the check to the survivor-

The VA should release his medical records to his daughter with proof that she is next of kin.

PS did I get this right incountry Nam vet with PTSD?

If so was his DMII and vision problems in his claim due to AO?

Edited by Berta
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Mymissie- I expect a call from the VA General Counsel's office regarding the potential I saw for an FTCA claim regarding this veteran's death.

I dont mean I will give them any names- except mine- might get someone I know down there-

I just mean I called to clarify the SF 95-

You said the daughter is next of kin as the vet was divorced---

On the SF 95 a claim like this can be filed by any "agent,executor, administrator,parent, guardian, etc---"

I am quite sure that the daughter's signature and proof of relationship could be put onto the initial SF 95 form- however-I want to double check that with counsel from Washington-

Has anyone been appointed yet as executor or administrator?

Is the daughter actual next of kin? Are there other children? I assume the daughter is an adult?

As I recall I signed my SF 95 as surviving spouse of the veteran but then they asked at some point for my Letters of Administration (I think?)

I certainly believe that she would have the right to file a wrongful death claim.

The divorced wife- did she at any period of time after the divorce ever establish another living arrangement with the same veteran?

I have a vet who recently won his SC award but the VA did not add his wife- when I asked him why he said because they were divorced a few years ago but then reconciled. Never remarried.

The VA said they would add her into his award if they remarried so he used some of his retro to go to Las Vegas and they got married again- (I think-not sure)

For some reason I told him we should develop a NOD on the time period in which they were living together but still divorced- as something in VA regs triggered me to think that this could fly-

In some obscure way possibly the widow would be eligible for something from the VA???????

I am not at all sure but it is worth considering-

The divorce papers might well reveal his PTSD casued the divorce-

One thing I am sure of is that- based on information in your post- the VA most probably contributed to his death and should pay for that.

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OK- I spoke to the same attorney who handled my Administrative Review- we had quite a chat-he is just great to talk to-

The VACO and OGC employs Superb lawyers and doctors- that is where the very best of the VA is- at the VA in Wash-

In this case- I didnt give any names or particulars but I had to guess on the state- South Carolina?

Mr. Richland suggested that whoever files this claim call Regional Counsel-VA at 1-803-647-5839 to see what the state's requirements are on signing the SF 95

-they might require Executor, Administrator, etc- which will probably be the daughter anyhow-

unfortunately-as he agreed -the SF 95 is standard form and yet state laws can control how the claim is signed.

That point is not made on the SF 95.

Please contact me here in a post or by email before this form is filled out- the med recs have to be gotten first-

OGC was not happy to learn how many SF 95s I have sent out to vets or their survivors in 2005.

However- as I told Neil Richland and he of course knows this-and all of you realise too- malpractice occurs whether it is the best private hosps in the country- or the VA. It happens.

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OK- I spoke to the same attorney who handled my Administrative Review- we had quite a chat-he is just great to talk to-

The VACO and OGC employs Superb lawyers and doctors- that is where the very best of the VA is- at the VA in Wash-

In this case- I didnt give any names or particulars but I had to guess on the state- South Carolina?

Mr. Richland suggested that whoever files this claim call Regional Counsel-VA at 1-803-647-5839 to see what the state's requirements are on signing the SF 95

-they might require Executor, Administrator, etc- which will probably be the daughter anyhow-

unfortunately-as he agreed -the SF 95 is standard form and yet state laws can control how the claim is signed.

That point is not made on the SF 95.

Please contact me here in a post or by email before this form is filled out- the med recs have to be gotten first-

OGC was not happy to learn how many SF 95s I have sent out to vets or their survivors in 2005.

However- as I told Neil Richland and he of course knows this-and all of you realise too- malpractice occurs whether it is the best private hosps in the country- or the VA. It happens.

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Berta,

I live in Louisiana,I was ,on the old forum,using Marshall, an I will speak to this Vets family an see if they would like more information on going after the VA. Its too soon now, still can not believe its really true that he is Dead. Thanks for information.

I really could use a lot of help later,filing a CUE( after my Brother gets his rating on his Hearing loss from many years ago.) He is to go this Wednesday,to Alex.La. to his primairy Doctor,to get an app. to get a Biopsiy of his lung,to find out if it is Cancer or not. Operate,chemo,?

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