ptsd 100% direct SC and 100% Section 1151 separate disability

[Berta]

I am not sure if I ever really asked this question here before....

You all know I am in a battle over M21-1MR ( that someone from VA told me last week he would actually read the specific citations I gave the VA and said he call me today ....and I have prepared so far 3 Writs of Mandamus yet my situation keeps changing)...

 in the Writ I am asking the court to do something (so far VA caved in on what the original writ drafts asked for.... to change a Reasons and Bases that came from a phone call from the director...one cannot NOD a phone call.I have not received any Reasons or Basis yet.)

regarding the fact that my husband had a posthumous 100% P & T  direct SC PTSD award (1997) and due to my CUE (2012) the Va in March 2015 granted the 1151 disability as 100% P & T as well ( for a CVA that VA caused)

Is there anyone here who ever had awards of the same nature? I have found none at CAVC or the BVA.

I ask because I am stating in the next writ (if they dont give me any Reasons and Bases again and fail to consider the proper regs again) that the writ involves not only me, as surviving spouse, but all other claimants similarly situated.

Question : Is anyone here 'similarly situated?'   100% direct SC and also 100% under 1151 for separate disability?

If so did the VA 'deprive' you of your proper compensation for both disabilities as prohibited by M21-1MR. Part IV, Subpart ii, Chapter 3,

Section D, under (a)? or did they pay you the correct amount for both?

 

 

[pwrslm]

 

You are probably in a territory the VA rarely, if ever,  ventures into.  As a widow of a VET, you have fought tooth and nail against injustice and won when most people would have resigned to their loss, and that probably baffles the VA to no end.  I would guess that you are the 1 in a  million when it comes to being capable of recovering from the loss you received at the VA's hands, that could turn around and force them to accept that responsibility.

 

 

Edited August 24, 2015 by pwrslm

[Berta]

Thanks for those encouraging words.

personally I think VA has malpracticed on more veterans than we will ever know...because th veterans themselves don't know it..yet.

Va did take accountability for my husband';s death under FTCA award.

This involves accountability of the regulations and his proper payment for Section 1151 disability in his lifetime.

In my Nehmr AO IHD award they subtracted the 100% SC PTSD amount (which they paid me as accrued() from his 100% P & T 1151 award.

The SC 100% PTSD has nothing to do with the4 100% P & T 1151 stroke.

In similar cases VA combines a 1151 rating with an SC rating, or in some cases the 1151 could generate SMC on top of a 100% direct SC award. They sure are not supposed to subtract 1151 from any SC rating ,otherwise an 1151 award would not make sense.

After clicking on VA comp at www.va.gov main page, it states what I mean here, and of course the actual regulations are detailed in M21-1MR, and 38 USC.

Section 1151 provides an additional monetary benefit , in addition to any direct SC comp the veteran has.

http://www.benefits.va.gov/compensation/claims-special-index.asp

"Compensation

Special Claims

Compensation is not always based on an in-service event. Additionally, other benefits may be available after disability compensation has been awarded. An overview of these VA benefits is provided below, along with a link to additional information.

Title 38 U.S.C. 1151 Claims

VA may provide compensation for injuries incurred or aggravated while receiving care from VA, such as medical treatment or vocational rehabilitation.

Learn more about Title 38 U.S.C. 1151 claims "

 

 

 

 

 

 

 

 

 

 

Edited August 24, 2015 by Berta