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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

There is a lot to FTCA claims.

I have been watching the Conrad Murray trial diligently.

The prime focus of a FTCA case is to prove that the VA did not meet a 'usual standard of care'=that being the same standard of care in the 'usual medical community.'and that these 'acts' or 'omissions of acts' caused additional disability or death to the veteran.

That was the sole focus of each FTCA charge I made in my case.The VA Peer reviews concurred.

AT first they denied but I aggressively fought back-I had good weapons (the medical records were all I really needed)

The Murray trial had a cardio doc and a Sleep Study expert on last week- as witness for the prosecution (regarding Michael Jackson's death)

Monday the state is calling their last witness but the testimonies have been re shown on CNN this wee3kend.

The cardio and sleep study doc gave a step by step statement as to 6 areas in which Jackson's doctor (Murray) did not meet a reasonable standard of medical care.As a matter of fact the doctor made "gross deviations" from that care.

My chilling Sec 1151 award letter ends with a statement that makes this same point.

Anyone with a med malpractice case or Sec 1151 claim before the VA should watch this trial.

After last state's witness, the defense will lay out their case.

These televised trials can be great learning experiences.

The standard of proper medical care is the same standard for the VA as for any private doctor or hospital whether the malpractice victim is Michael Jackson or anyone else.

I dont agree with those who think the charges against Murray should have been murder one or two.He had no malice of forethought when he treated MJ. MJ was his cash cow.There was no intent.I dealt with negligence/malpractice and then a VA cover up of that negligence- a different ball game.

But still

this trial reveals exactly what proof is needed to prove negligence/malpractice for Section 1151s as well as FTCA cases.

Some 1151 claims succeed because of an unexpected serious medical result from a med or a surgical procedure.

Some succeed because there is medical evidence outside the VA that a specific procedure has caused additional complications known to the standard medical community.

Some 1151 claims should be also claimed as secondaries to an established SC as well as under 1151.

"deviations" from standard medical practices, with serious results are bonafide malpractice issues as the Murray trial shows.

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