Brother

[mymissie]

Hi Berta -an anyone else who has time-and patience to help.

I filed his (My Brothers)1151 Claims-I hace Senators-Congressman call for him.

Problem?

We are leaving to go see him, He has lusid monents,but I think that the cancer is going to his brain.

Problem is -he got his Form 9.---- He signed it,but my Question is this. Should I go ahead and file it? The Doctors hold NO hope that he will live more then maybe 2 months.

If the answer is yes,what box should if check off?

He is on VA Pension-A&A. And S.S.D- His wife is also disabled an trying to care for him. He get $550.00 extra from Pension & A&A .QUESTION?

Is there anything else that iI can File to get any other Help for him?

He gets 20% SC-10% hearing &10% Tennits. But NO Money for this!

Berta,He is the one that they refused to allow to re-enlist ,after 9 years in service,because of his hearing loss.But they only give him 0%!

You had said something about Cue? Is it too late.

Edited September 1, 2006 by mymissie

[Berta]

I am so sorry to hear how ill he is.

The BVA appeal should be sent in-

However- his wife will have to prove that a service connected disability caused or contributed to his death if he should die-

You need a service officer or vet rep to prepare a Motion for advancement on the BVA docket.ASAP.

In any event only service connected disabilities-if they are found to contribute to death, can service connect a death.

Is it the Section 1151 claim that is at the BVA? in the event of his death -his wife can re-open it-

if negligence or malpractice on VA's part causes or contributes to this veteran's death the wife can re-open his Sec 1151 claim-but it is still his claim-he is still alive-

but she will need proof of VA malpractice and proof that it caused his death-if he dies.

She can or he can also file a FTCA claim-

have they done that?

I dont know how it works if the vet files FTCA and then dies- I think the widow files a new one-not sure there-General Counsel can tell you -I posted their number here yesterday or Wednesday.

I have posted the SF 95 for a FTCA claim here many times- and it is at the VA web site too-

I even stated how the first part should be filled out-

You should consider getting an IMO- this has become the best advice I can give on Section 1151 malpractice-the only good advice I can give ---

because you get a doctor's word- in my case I am not a doc so they strung it all out---

but my FTCA/1151 succeeded because the evidence was in the med recs and I forced them to read it.

I had to become a "cardiologist" to first discover if they malpracticed-and then how they did it-

and then to show them how they killed Rod-

dont do that-A good IMO saves months of medical studies.

Filing FTCA is a good bet too because VA lawyers at GC and district VA attorneys know how to read.

I had no problems whatsoever when my FTCA went to the real deal- the Docs and Lawyers at VA Central in Wash, DC.

FTCA must be filed within 2 years of day the veteran or the spouse (if the vet dies) learned of the malpractice-

IMOs' I recommend Dr. Bash:

http://www.veteransmedadvisor.com/

Last week when we taked he was still in California- but he will return your email-

he is on a hard working brief vacation

I must add this is HIS claim, and he is not dead yet -I am uncomfortable being asked these questions but if he does die-it is his widow's claim-to re-open-if she feels there was malpractice.

Make sure she knows his wishes for Organ Harvest-those people call soon when one dies so this decision should be made with him now-

you have no idea how wonderful it is that Rod donated his eyes, skin and bones to others-

it can help with the grief a lot-

Autopsy will be required for Organ donors and this autopsy too could help your mom with any 1151 or FTCA claim she files.

Edited September 1, 2006 by Berta