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Suing The Veterans Administration


garveyt

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All: I am a Vietnam Veteran (67-68) with a 40% service connected disability for diabetes, hearing loss and left & right side neuropathy. I have been playing the VA paper game for over two years with additional service connected claims and am really losing my patience. I have had two friendss die within the past 6 months both Vietnam Vet. I am feeling that the VA delays our claims unnecessarily in the hope that we die before they are settled so they need not pay us any compensation. If there are any Veterans that have sued the VA in this forum. I would appreciate some feedback on your experiences in court. Thanks. Tom!

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Tom- I am a civilian and sued the VA for wrongful death of my husband -a Vietnam Vet.

I settled with the US of A in 1997 on that-

If the VA malpractices against a veteran or uses medical practices that incur additional disability or death like- giving wrong meds, misdiagnosis, failure to follow up on tests results- etc---

and the veteran , due to these situations of negligence, incurs additional, documented disability the vet can sue the VA and/or file a Section 1151 claim-

If I could sue them again tomorrow I would because it was easier to do that then to get my claims resolved-

VA lawyers know how to read.

That fact makes a big difference in the way the VA handles a FTCA claim.

I think you are as frustrated as many of us here- due to your claim-

I am at Buffalo RO and of course I think they are the worst RO in the country but I bet many here will say I am wrong-because Their ro is the worst-

Tell us more-I can tell already that they probably gave you maybe 20% on the DMII due to AO- and low balled on the PN and the hearing loss-too

there are many other disabilities that the DMII can cause- vision problems, ED, heart disease, brain trauma and strokes, and atherosclerosis-

If you tell us a little more as to what SC you have asked the VA for maybe we can help better-

The whole system is broken- I think they hire illiterates- one thing is for sure these VA people are under terrible stress to whip out those denials as fast as they can-

it is a production line-

They can take work credit on a claim whether the deny it without even reading the evidence or whether they actually award it-

they want claims to go to the BVA to get them out of the ROs collective hair-

By the way did they deny something and then send you a real VCAA notice telling you what they need-

hard to know where you are at -status wise with your claims-

can you tell us more?

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ooops forgot- Welcome aboard Veteran!

and- are you working?

If not is it due to your SC conditions?

And if not -do you get SSA disability benefits?

(PS- do I know you? Berta Simmons- I go to the Bath VAMC alot-my POA is there too-???)

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  • HadIt.com Elder

I think that the VA dleays treatment that could save lives as a matter of being cheap.

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Guest jstacy

We need to remeber that the VA is an extremely complex operation that was designed to do exactly what it does. From our standpoint, We think the system is totally out of whack. On the other side of the fence, The VA is doing exactly what it was intended to do. They will do and have done anything to deny a claim. It does not matter how strong the claim is. The delays often result in the deaths of veterans and that is ( I hate to say it) why the denials keep rolling. These people do not care. We are numbers and they are denying robots.

As far as legal action against the VA, There is no way. You have to file a federal tort claim to ask permission to sue first. Now if you were injured as a result of VA treatment, Then that is another issue, If we could sue, I guarantee it. It would have already been done.

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I guess you could call my FTCA against Bay Pines a win.

Very little bling -- but the doc can never practice medicine again.

carlie

I should clarift this, the Federal Court documents list as follows:

Carla_____________, Plaintiff VS. UNITED STATES OF AMERICA, DEFENDANT.

carlie

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