Help? Trying To Figure Out Right Page To Post This / Va Withholding From My Disability Pmts

[TexasPI]

Greetings,

I may well be on the wrong page for this question but here it is:

The VA has been withholding from my benefits for "medical procedures and medications" This has amounted to over $1500 in the past 17 months.

I got a letter the other day and I got no help at all when I called the number, basically telling me the VA claims I owe it so it will result in more withholdings from my benefits.

I currently just had an appeal hearing for 100% disability due to medical malpractice at the Houston VAMC where a student physician with a suspended license severed my larygeal and phrenic nerve during a misdiagnosed (experimental) sub-clavian bypass graft.

I have not returned to work since and am on Social Security and recieving 40% disability. Since the nerve damage was not deemed SC - these azzwipes are actually charging me for the medications to deal with the pain from the surgery and other things.

This began with them treatining to stop my payments until the full amount of $700 was collected or I could make monthly payments. Well seeing as how I was living on air at the time, I of course opted for the withholding of the $75 per month.

Well I am now $1500 plus down in the past 17 months, and actually since being awarded 40% saw my very first full payment since 2012 this month!

Now they are telling me there is another bill out there and that of course it is beyond the 180 days and cannot be challenged but that they are collecting another $600 Plus dollars for it, by withholding from my disability!

Including the disability I live on roughly $11,000 a year now! I need every dime and I can not seem to get anyone to actually provide me a statement - it appears that the people on the 800 number provided know nothing other than the total amount to be collected.

When I ask the morons to look at their computer, look at my pay records (which they miraculously can do) they say yes I see where we have been withholding the money, but they cannot tell me the beginning amount of the transaction nor the balance?

WThell?

I've appealled the letter once before and asked for a waiver etc. All a waste of my time. They continued to steal money from me every damn month. Now it looks like it will all start over again this next month and I cannot get any answers.

I've been exempted from filing a Means Test for over two years. And some of these bills have got to be after that.

Help! How do and who do I get to someone who can provide me a written statement of these bogus charges and an accountability of the funds collected?

[Jerrel]

Have you filed out the means test or hardship papers.

[SeattleShay]

I hope that you have a very good attorney !

If not, I'll give you the name and phone #.

[USMC_VET]

I hope that you have a very good attorney !

If not, I'll give you the name and phone #.

There are times when an lawyer will be of no real help and only a cost. This is not a case. From what you wrote this sounds like a classic case of malpractice on the VA's part. I would treat this just like the VA is, not Service connected. The botched surgery is not a Service Connection in my opinion and i would not treat it as such and hope they grant you SC for it. i would treat it just like if it had happened at a regular hospital. I would contact a GOOD malpractice attorney

[Berta]

"I currently just had an appeal hearing for 100% disability due to medical malpractice at the Houston VAMC where a student physician with a suspended license severed my larygeal and phrenic nerve during a misdiagnosed (experimental) sub-clavian bypass graft."

Was this for a Section 1151 claim?

Did you also file under FTCA?

Can you scan and attach the 1151 denial letter as to the Evidence List and Reasons and Bases here? (Cover the C file number ,name, address, etc prior to scanning it.)

If you succeed under 1151 or FTCA, I think that is when VA will have to refund what I think you mean ( Co Pays for meds you needed due to their malpractice?)

When I succeeded under FTCA/1151 I sent the azzwipes a copy of those awards because they had been billing my husband co pays for 2 meds that contributed to his death.

It was a very small amount of money involved.I forget where I sent that info to..I had received a nasty letter abnout the co pays and sent it directly to wherever in VA it came from.....but a small amount wasnt the point. 2 of those meds contributed to his wrongful death.

They dropped both co pays but only recently I proved the 1151 claim that directly involved one of these meds.

VA deems 1151/FTCA disabilities " as if" service connected and pays them under the same rate as other SC disabilities.

A 100% "as if" can also put the veteran into the SMC criteria if they have other SCs at 60% or more.

An "as if "1151 death however would not render the surviving spouse CHAP 35 or CHAMPVA.

Unless the spouse gets those benefits under a different accrued award, the VA basically can kill a veteran with piss poor care and then deny the survivor these additional ancillary benefits.


Section 1151 ratings are based on the extent of additional disability the malpractice has caused.

I found my FTCA case was easier to succed in then my 1151 one was. The RO even denied me 1151 DIC after receiving my FTCA settlememnt papers. I called the OGC and told the lawyer who had handled my claim that the deal was off and VA owed me more cash. He was exasperated ( told me I was one of the toughest claimants he ever dealt with) but I got what I wanted...His boss at OGC called my RO and ordered them to revisit the denial.

Within a few weeks I got the award letter.

Have you perused all of the FTCA and 1151 info here? Do you have an IMO stating the extent and medical rationale ,based on your VA med recs, to support the 1151 claim?

[Buck52]

I had thought a veteran don't have to pay any co-pay if he is rated 30% above?

But I ain't to sure ? it maybe 40% or 50% but it seems to me it was 30% a few years back or even lower?

But if the VA screwed me up like that I'd file something against them like MALPRACTICE Suit. in this case I don't think it matters about being SC

......................Buck