V.a. Wins

[mymissie]

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)

[Wings]

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!!

[mymissie]

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

[Guest Berta]

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 December 28, 2005 by Berta

[Guest Berta]

Fayetteville NC-

Office of Inspector General

SPECIAL INQUIRY

ALLEGED IMPROPER CONDUCT

BY A SENIOR OFFICIAL

VA MEDICAL CENTER FAYETTEVILLE, NC

I will attach this report - and see what else I can find on them-

IG_report_Fayetteville_NC_VAMC.doc

[Guest Berta]

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.

[Guest Berta]

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.