Which Way To Go?

[mymissie]

Berta,

Sure glad that you are still with us.

The local SO wants to file my brothers loss of eye sight(caused by VA Hospital) as a service connected claim. He says that he can get him more,monthly for loss of sight(both eyes),then with an 1151 claim.Now limited to $ 250,000? His words. That we can not file Tort,& 1151 claim.

Can I not file ,to service connect loss of eye sight,1151,and Tort?

I just want to make sure that everything that is available,including Tort Claim. I yust want to make sure its filed right-the first time

[Berta]

His advise is part -maybe all correct-

Some states have a settlement limit to torts that VA settles out of court- so the $250,000 is right in some states- some states are higher limit to award , and some have no caps-at all.

But a vet can file both a Sec 1151 claim and a FTCA claim-

If he (the SO) is considering this as secondary 1151 to direct SC conditon- that is a good point -a good way to go with VA-there are many viables to 1151 claims-

They have to be studied as well as 38 USC Sec 1151 et al. I would end up writing a book if I posted all the info here on them and FTCAs.

He would need a medical nexus for that- still a good way to go on a VA claim-1151 as secondary to SC-

SOs dont handle FTCA claims-they are not trained at all for this. They can certainly use the Settlement papers in support of the VA claim as evidence, if that is resolved first.

The VBM makes point that a vet should get a good lawyer to help with FTCA claims.

I had no lawyer and I know of others who succeeded under FTCA with no lawyer-

If the medical evidence is there in the VA medical records-of malpractice and medical errors, one doesn't need a lawyer if they are willing to do the leg work, learn what the medical initials mean, the chem reports, decifer old doctors handwritting , and then show VA and General Counsel exactly what the evidence is.

I studied cardiology ,VA laws, and Rod's med recs extensively as his sudden death didnt make sense at all-

a VA doctor (Cardiologist) had told me there was nothing wrong with his heart-so it didnt make sense.

I felt at first like I was looking for a needle in haystack.

The reality was clear-cut malpractice and also a medical cover up.

They never thought I would find out.

You can do this yourself if you are willing to spend the time it takes. for the FTCA claim. The vet must file and make claim-within two years of the day they learned of or began to realise malpractice occurred.

I have a vet who waited until the days and hours were ticking away and after I had helped him for many months-local vet-some good evidence in his med recs-

VA counsel did not accept his SF 95. It was sent a few days late. Counsel could not accept it.

I helped him with his 1151-too-

long story there- it was a big waste of my time.

An IMO can help tremendously - I didnt have an IMO.

My FTCA claim was by far much easier to resolve with the United States of America (that is who you actually settle with when it is done) then any VA claim I ever had.

That is because the VA employs excellent top notch legal and medical people at VACO - VA Central Office Washington DC -and all of their lawyers know how to read.

Edited March 29, 2006 by Berta

[Mike Soumis]

Berta, I've discussed the FTCA claims with you before, I still haven't filed yet. I appealed my 20% award they gave on my 1151 claim, I want TDIU because I lost my good paying job and my health. My SO thinks I should not file a tort claim, and when I had a recent C&P I told him I was thinking about malpractice suit and he said he didn't think I'd win. Thats their opinion, I'm the one sitting at home suffering with pain, weakness, numbness and just got done with the worst winter of pain since this happened on Oct. 4,04. My old job is now paying $53,585 a year and I think they are giving $374 for the 20% a month. I did get SSDI, and disability retirement but I'm still getting hammered. I was trying to wait and see if I get the 100% rating, if they award it I was going to not file the tort. The thing to think about is if I kick the bucket the monthly compensation would end and my wife would be left with nothing. If a person files a tort and wins you have the money for you and your spouse even if something should happen. The only thing the VA did was give the Naproxen perscription, all the hospital care was in 2 local hospitals and 4 different doctors state in my medical records that the bleed was from the naproxen. anyway, I have to make a decision on the tort soon if the VA keeps stalling. Just thought I"d throw this in. I'm glad your back Berta.

[Berta]

Your SO doesn't understand FTCA-it is not part of his training-

I think his advise is poor.

If a vet has a Sec 1151 condition and dies from it-his spouse can get DIC-IF

it contributes to or causes his/her death only IF---

I have a good friend -he believes his Sec 1151 100% will cause his death and she will get DIC.

If he gets hit by a truck , or shot by some hunter, and dies due to any accident ,she will not get DIC.

An FTCA would put money in the bank =to cover the potential lack of DIC in the future for his spouse.

He refused to file FTCA too when we sent in the 1151 claim-then he changed his mind, but refused to pursue it-

I got him 100% Sec 1151 in 3-4 months after the claim was filed. I laid it out briefly to VA and the medical evidence was obvious-

He had a Section 1151 admission of malpractice award letter yet - did not pursue the FTCA-

(I was stunned at his reluctance)

The he got 50% for PTSD -a large retro and spent $8,000 in 2 weeks on a vacation-

This is why he told me recently -he ddnt want a lump sum-

both he and his wife spend fast.

Point to all this-

each individual situation is different-

The United States of America-when they settle with you- will make no admission of the charges-FTCA-

They do have the charges and the investigative results at VACO but that is FOIA matter- took me years to get the investigative info.It was horrible.

so- an FTCA award without the Sec 1151 award- will make it more difficult in some ways- if you died-for DIC purposes-also without the actual VA records in VACO and OGC-your wife will have proof of a settlement for something but they do not admit to anything in the settlement papers.

No proof of why you got it-unless she digs into records under the FOIA.

As the VBM says a lawyer is the best bet on FTCA-

they can also advise on estate planning if you succeed.

The VBM- about $125.00 from NVLSP has a lot of info too- but -

many have done this themselves and succeeded. without lawyers.

Unfortunately the web is silent on these matters-the VA does not document on the web FTCA cases.

They do document at BVA when the VARO messes up 1151 awards from FTCA offsets.

CAVC too.

My SO at the time and 20 NY lawyers told me I would not succeed.

I succeeded by myself.

I asked the OGC for my attorney fees too- I represented myself-

(he almost choked at that one-then they made an internal error and I had a VARO flashback on that "error" part so I asked for one thousand dollars a day additionally for each day the error remained unresolved.)

Men and women while this all occurred a man was on TV -he had filed a discrimination suit under the EEOC -he felt he could prove his employer used his race as means of termination.

No lawyer would help him-he went everywhere-finally he got disgusted and with the time he had, now unemployed -he studied the USDC rules of practice and sued the company himself.

He won and is very comfortable today because someone used his race against him.

Whoever he is- he inspired me.

Believe in yourself and in your FTCA claim and if the evidence is in the med recs- you can sue them yourself and win.

[Mike Soumis]

Your SO doesn't understand FTCA-it is not part of his training-

I think his advise is poor.

If a vet has a Sec 1151 condition and dies from it-his spouse can get DIC-IF

it contributes to or causes his/her death only IF---

I have a good friend -he believes his Sec 1151 100% will cause his death and she will get DIC.

If he gets hit by a truck , or shot by some hunter, and dies due to any accident ,she will not get DIC.

An FTCA would put money in the bank =to cover the potential lack of DIC in the future for his spouse.

He refused to file FTCA too when we sent in the 1151 claim-then he changed his mind, but refused to pursue it-

I got him 100% Sec 1151 in 3-4 months after the claim was filed. I laid it out briefly to VA and the medical evidence was obvious-

He had a Section 1151 admission of malpractice award letter yet - did not pursue the FTCA-

(I was stunned at his reluctance)

The he got 50% for PTSD -a large retro and spent $8,000 in 2 weeks on a vacation-

This is why he told me recently -he ddnt want a lump sum-

both he and his wife spend fast.

Point to all this-

each individual situation is different-

The United States of America-when they settle with you- will make no admission of the charges-FTCA-

They do have the charges and the investigative results at VACO but that is FOIA matter- took me years to get the investigative info.It was horrible.

so- an FTCA award without the Sec 1151 award- will make it more difficult in some ways- if you died-for DIC purposes-also without the actual VA records in VACO and OGC-your wife will have proof of a settlement for something but they do not admit to anything in the settlement papers.

No proof of why you got it-unless she digs into records under the FOIA.

As the VBM says a lawyer is the best bet on FTCA-

they can also advise on estate planning if you succeed.

The VBM- about $125.00 from NVLSP has a lot of info too- but -

many have done this themselves and succeeded. without lawyers.

Unfortunately the web is silent on these matters-the VA does not document on the web FTCA cases.

They do document at BVA when the VARO messes up 1151 awards from FTCA offsets.

CAVC too.

My SO at the time and 20 NY lawyers told me I would not succeed.

I succeeded by myself.

I asked the OGC for my attorney fees too- I represented myself-

(he almost choked at that one-then they made an internal error and I had a VARO flashback on that "error" part so I asked for one thousand dollars a day additionally for each day the error remained unresolved.)

Men and women while this all occurred a man was on TV -he had filed a discrimination suit under the EEOC -he felt he could prove his employer used his race as means of termination.

No lawyer would help him-he went everywhere-finally he got disgusted and with the time he had, now unemployed -he studied the USDC rules of practice and sued the company himself.

He won and is very comfortable today because someone used his race against him.

Whoever he is- he inspired me.

Believe in yourself and in your FTCA claim and if the evidence is in the med recs- you can sue them yourself and win.

Thanks Berta, I appreciate your reply. I know I have the proper evidence and I feel I can succeed myself. there is nothing to prove, all they have to do is read the facts. You said , believe in yourself. I was a self confident person, felt I could do anything prior to 10-04-04, since then my self confidence level has all but disappeared. I used to be like a bull in the china closet and now I don't think I could fight my way out of a paper bag. Anyway, I have the tort claim filled out to the amount square. Thanks Mike