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Settlement Paperwork In C-File.


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Is it okay that the settlement paperwork for a tort claim is in my C-File?

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I had a different experience.

My settlement under FTCA was probative to a DIC claim I had under Section 1151 which VA had denied many times.

As soon as the settlement was over I sent the VARO a copy of the settlement and they STILL denied my 1151 DIC.

I called the General Counsel who called the VARO and then the DIC claim was quickly awarded.

Luckily my settlement papers were still in my C file when I filed a claim in 2003 for direct SC death due to misdiagnosed DMII from AO.

I received a check for over 28 thousand in the mail not long after filing that claim and the letter didnt arrive for almost a week telling me what is was for.

VA had failed to begin sending my DIC checks because apparnetly my DIC offset amount had been recouped by the VA for many years more then the recoupment date.

When I mentioned in the AO claim how the VA had killed my husband (I dont mince words) the RO had to check the settlement papers in my C file with Regional Counsel to see if this was a wrongful death FTCA award and the RC found the monetary error.

As I mentioned before here- it pays to check everything because the VA forgot an additional 11 thousand too and they sent that after I sent them a letter explaining why I felt they owed me more cash.

Personally I feel this settlement info in my C file was a reason that every single claim I filed since has been quite a rigamorale for me.

But this info also was instrument I believe in my recent AO IHD award I just got.

The evidence list is quite long (but important stuff is sure missing) and I havent really gone over the decision well yet

because the CUE award had a lot to do with the past 1151 claim and the FTCA stuff.

They used one FTCA medical document but didnt use a probative Peer Review report.

And they used a 1998 rating schedule for my husband's IHD and that is cause to APPEAL right there because the current IHD rating schedule is more favorable to the claim.

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Berta,

My c-file at the VARO had a copy of my FTC in it,

I did not have complaints about that.

My VAMC file had a copy of my FTC in it -

as there was absolutely no reason for it to be in my medical records

(unless for 1151 reasons) this was what I had to raise cane about.

I just wanted to be clear on this for the record.

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Hello Carlie and Berta

Carlie , I had a very similiar experience with something that showed up in my Progress Reports that was irrelevent to treating me. I had to file a complaint with the Patient Advocate and after nearly 2 months the PA did agree with me and struck it from the records. Basically it was a doctors note that said I was denied once in my claim and that I was going to use some of the reports and scientific evidence to give to an attorney to file an appeal. I was very upset with this Doctor for that. After I complained to the PA that these comments had nothing to do with properly treating me. This is the same dead doctor that led to my heartattack. The Patient Advocate agreed with me and it was struck from the record.

I cannot see anything that your FTCA could do to help the VAMC in their treatment of you . I would be contacting the Patient Advocate and getting this taken out of your VAMC record. Yes the Regional office should or could have a copy. But the VAMC is strickly for the medical treatment , even being assigned to a different branch of the VA....... the VHA. This is not right for the VBA to bring them into their fight. If that does not work , I would call my Congresscritter or the VA in Washington , possibly the OIG. I do not feel it is any of the VAMC's business on what you are doing legally to the VBA. This may form an obvious prejudice situation for you.

The problem I see developing is that if you can get it quashed it will be harder because it is not in the Progress reports and therefore has a tougher time of pulling it out. It will take a clerk to physically pull it out. The next problem I forsee is just how many other files has it now been placed within the VAMC and "corrupted" your file..

Its things like this that just make me so mad. Its as if they want to make you look like a troublemaker instead of practicing medicine and trying to keep you healthy. When I read this it was dejavu and I got rather righteously indignant . I hope you get this one taken out with the right VA officials and make sure they get it "sanitized" for future protection. Thanks gain Carlie and Berta....big hugs for both of you. NEVER GIVE UP. God Bless, C.C.

Edited by Capt.Contaminate
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