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Ftca


fielg

Question

Husband Awarded 100% for negligence in VA Care including an error by medical staff with overdose causing renal failure. He also won service connected disability: 70% TBi, 30% depressive disorder, 10 ED, and had 40% for paralyzation (awarded in 2001). He has SMC with Aid and Attendance. We have filed our SF 95 and are proceeding to file FTC in federal court.

We had one IMO and the examining VA doctor expressed a stronger opinion than our IMO physician.

My question is: If my husband is successful in his FTC case - they would offset that amount by withhoilding 1151 til award is paid back. Since he has a total award of 240% - and they pay him for 100% + SMC. How does that work if he wins and FTCA award -WILL THEY TAKE HIS DIRECT SERVICE DISABILITY PENSION.

I WOULD APPRECIATE ANY INPUT YOU CAN GIVE ME. THANK YOU. THIS SITE IS A LIFE SAVER

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