Houston Va

[Jeffro]

Hello fellow Veterans, i have a claim approaching 20 months anyone else having similar wait times or longer?

[71M10]

I don't believe 1151 claims provide benefit of doubt, if the facts are equal. Additionally, I believe VA lawyers are involved at the vary begining of the process. I might be wrong, but I still believe they are adjudicated in a vary different way.

Best regards

[Teac]

I don't believe 1151 claims provide benefit of doubt, if the facts are equal. Additionally, I believe VA lawyers are involved at the vary begining of the process. I might be wrong, but I still believe they are adjudicated in a vary different way.

Best regards

Well I have been going thru one and Lawyers do not get involved ... if you file a tort claim ( sue) then that is a different story, but it has nothing to do with a va claim.

[71M10]

Appears I was misinformed, thank you for the knowledge.

Have a Merry Christmas!

[Berta]

71M10 said

“I don't believe 1151 claims provide benefit of doubt “

And “I might be wrong, but I still believe they are adjudicated in a vary different way. “

They are.

My 1151 award says nothing at all as to Benefit of Doubt. It states a chilling admission of malpractice,almost verbatim to my original charges under 1151.

I do not feel anyone should rely on “Benefit of Doubt” regarding 1151 claims.

As I feel the medical evidence of malpractice ,when weighed for and against, must raise to a higher level then relative equipoise regarding 1151 issues.

However although my award never mentions Benefit of doubt at all, maybe there are successful 1151 cases at BVA that do rest on it.

Re: FTCA settlements, my settlement reads that I charged the VA with the “alleged” death of my husband, and the compromise settlement does not contain any admission of “fault” by the US of A, but on the final page it states the amount they agreed to pay me for my husband's pain and suffering and then how much we negotiated that I wanted for his “wrongful death.”

So basically an FTCA award is a recognition of malpractice , but within a compromise settlement , the VA legal lingo seems at odds with itself, yet actually makes full legal sense.

I have a legal background and negotiated with the General Counsel myself.

But I do NOT advise anyone to pursue FTCA without a lawyer, unless they too know what I know about intricate FTCA law

and feel confident with going one to one with the VAs top legal guns in Washington DC.

,

[Teac]

71M10 said

“I don't believe 1151 claims provide benefit of doubt “

And “I might be wrong, but I still believe they are adjudicated in a vary different way. “

,

Mine specifically states the benefit of doubt was considered but that the evidence could not support my claim....Noramlly the benefit of doubt isn't mentioned if the claim is approved prior to the need of considering benefit of the doubt....

[halos2]

One vet friend has been waiting since 08 and the other since 09...their claims were from 05 and 06 originally...they appealed the decisions when they got their initial awards...Waiting and not patiently...