rod Posted October 22, 2015 Share Posted October 22, 2015 The regional office keeps saying "next" week the peer review should be done. They've said it for over 2 months. Should I be concerned with the delays? Link to comment Share on other sites More sharing options...
0 Berta Posted November 11, 2015 Share Posted November 11, 2015 "Berta was there a lot of back and forth when you negotiated?"Yes, there was some, because their first offer was way too low and SOP for negotiations like this.Their offers depend on many factors.And none of it ever really compensates the fact that they have harmed or killed a veteran.You sign a settlement with the USA, and a VA lawyer signs on behalf of the USA.They really don't admit to anything in the settlement but will if a 1151 is filed as well,in the 1151 narrative decision.You can ask for a copy of the Peer Review after the case is resolved.. Link to comment Share on other sites More sharing options...
0 rod Posted November 18, 2015 Author Share Posted November 18, 2015 Thank you Berta. Berta how long should I maybe expect negotiations to last ? Hours, days or weeks? I don't want to be hasty to settle or drag it out. Sorry for bugging you again. Link to comment Share on other sites More sharing options...
0 63SIERRA Posted November 18, 2015 Share Posted November 18, 2015 Peer review is a sham.. The whole VAMC system is a sherade. MANY doctors who sign on, and the sign confidentiality agreements, are baptized by the piss of the evil inside the VA, and quit soon after. Ive seen this happen several times. I believe the doctors try, but many times thier efforts are thwarted because of unlawful practices of systematic denial of care tactics inside VAMCs to try and save money, at the expense and anguish of the veterans.If your waiting on a big admonishment of the doctor in question or some big discovery and reconsciliation of your situation, you will likely never hear anything.Ive lived what im saying, Ive been the whole rigamaroo, except for tort, and that could still happen if they piss me off again,.Theres a reason you cannot even speak directly with the assistant director or director of a VAMC, its so there is no proof they are or were aware of your problem.Reminds of a situation that happened while in germany. A female was airing up a tire that was still on the truck, and should have been take off and put in a cage, because of the deadly split rim design. Tire blew and the rim mangled her pretty bad, she lived but it messed her up. There was a HUGE BOOM when the tire blew.The butter bar liutenant who was the squad leader and always late or no show to the motor pool due to requesting too many beers from the local bierhause the night before was walking on the side walk on the way to the motor pool across the street when the tire blew. I immediately saw him do an about face, and quicktimed his hungover sorry ass the opposite way. WHY DID HE DO THIS? Well if he wasnt there, how could he be held responsible.. As long as he came up with a believable lie as to why he wasnt there he was safe from repremand.. This is how I see the inner processes of the VA workings.. Theres always someone to pass the blame on. Link to comment Share on other sites More sharing options...
0 63SIERRA Posted November 18, 2015 Share Posted November 18, 2015 VA PEER REVIEW DEFINITION===== Get together to try and figure out how to cover our ass because the veteran has gotten wise and found out he can file a claim due to the gross malpractice and intentional unlawful denial of care. Link to comment Share on other sites More sharing options...
0 Berta Posted November 19, 2015 Share Posted November 19, 2015 Rod, I think I went back and forth with OGC for about a month on the actual negotiations, , and then we agreed on the amount.It was all done by phone and maybe involved 4-5 phone calls.Sometimes the BVA will include a FTCA settlement amount in 1151 BVA cases for specific disabilities the VA caused.You might find a case at the BVA similar to yours to give you some idea of how much they would pay.VA will initially suggest an amount that is low and you have to negotiate that amount into what you feel is fair to you,keeping in mind any state tort claim caps. Link to comment Share on other sites More sharing options...
0 rod Posted November 19, 2015 Author Share Posted November 19, 2015 Thank you Berta. That helped greatly. Back in 2005 with my father's death we settled in one day. I knew I screwed up badly. Won't happen again. Thank you again. Link to comment Share on other sites More sharing options...
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rod
The regional office keeps saying "next" week the peer review should be done. They've said it for over 2 months. Should I be concerned with the delays?
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rod
Thank you Berta. The Malpractice occured in South Dakota. South Dakota has non-economic damages capped at $500,000. I've seen the ridiculously low amounts widows have settled wrongful death cases. Ea
63SIERRA
stick to your guns.. once they know your wise, it burns thier ass
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