after winning tort

[3wood]

I settled my tort for delay of cancer diagnosis for 35k.  My question is can I now go after the va healthcare system for a monthly disability. The VA regional office  attorney ordered her on outside medical opinion that found the VA was in fact at fault hence the settlement. I tried the online disability route but it was denied because it wasn't service related.  Any guidance or info much appreciated. trying to avoid a attorney but my be my only course of action at this point.  thanks,  Paul

[Berta]

GOOD FOR YOU!

You can file for Section 1151 benefits.

We have a lot of info here on that in the 1151 FTCA forum.

They will deduct the offset from any comp they give you, until it is recovered.

Did you deal with the FTCA without a lawyer? I did and was able to negotiate an offset that was very favorable.

Then years later I proved the malpracticed  conditions were also due directly to Agent Orange. They had to refund the offset they deducted from me.

The amount of the offset appears in the settlement papers you received.

Unlike FTCA there is no deadline on 1151 claims. They will want the offset negotiated amount back, however.

 

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[Berta]

What I mean is of course they found me eligible for DIC ,under 1151 so they deducted the offset from that.

Then I received 2 awards under AO DIC. After the first AO SC death award they paid me back the offset. They didn't want to but I knew the regs and got some GC honcho to call them and demand they pay it. They did.

But there are other factors here to consider and we don't have all the skinny to really opine on the 1151 issue..........

I am a widow of a vet -death by VA.and AO.  I suggest you carefully read the FTCA info here as to offsets, as that might depend on when the 1151 claim was filed. I filed both FTCA and 1151 at the same time.

A few months ago I won another 1151 claim , over 20 years after the veteran died.

As the Radio show link that was posted here today with Dr. Bash indicates, malpractice does not happen over night and the consequences can grow.

[Berta]

I double checked...yes there will still be an offset.

This recent BVA decision has those regulations and the OGC Pres Op that explains it.

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp14/Files7/1456651.txt

I hope you do not go through the Bull Crap this FTCA vet went through...They pulled this crap on me too.

Funny how stuff either disappears or is never properly associated with 1151 claims....sometimes so we must keep on our toes with them.

The recent 1151 I won had a 2 page medical opinion from their own chief cardio doc in DC.

They absolutely ignored it, and I think the guy who fills their paper cup dispenser at their water cooler prepared the "medical review" to deny it. I raised hell and CUED them within days of getting the denial.

Of course they awarded the claim then, very fast, and referred to the Strategic Health Team VACO Cardio report.

(The same report that helped with my FTCA wrongful death claim.)

This crap  is not incompetenece...it is deliberate.

[3wood]

Thank you Berta!  You gave me so much I'm going to give myself a day or two to read where you've pointed me. After I get my bearings,may I ask for more directions. It's like being in a maze but trying to figure out where the exit is when you're not in tip top mental or physical capacity to begin with...lol.   Thanks again Berta

[3wood]

Oh by the Berta I negotiated with regional counsel in Temple Tx my self  she started at 20k I got three 5k bumps that were like pulling teeth...

[Berta]

GREAT!   The General Counsel started low with me too(I asked for millions on the SF95 he he)

But we had a state cap here in my state so I got them up to a little less than that.

They know if we are disabled, or in my case I was a grief stricken widow, that they can try to play games with us.

But I was not only satisfied with the settlement I got ,  I liked dealing with the General Counsel and Regional Counsel attorneys a lot.

They knew I had the goods on them and we had brief and friendly conversations that were about other nuances of 38 USC etc etc and other claims issues,too. They are brilliant lawyers. They said I was too tough. You bet I was.

But the best thing I did (because my daughter, a veteran USAF 7 Years) got me to re-open years later for DMII due to AO.

I didn't see any DMII basis and sure didn't want to have another VA claim, but she reminded me that it was ''as likely as not" they might have missed diabetes as a diagnosis and obviously no treatment ,since they already had malpracticed so much.

I studied his med recs, autopsy etc etc again and then I studied Endocrinology.

She was right.They couldn't even rate it at all...I still wonder about that....but that awarded a direct DIC SC death, REPS benefits, Chapter 35 extension, FTCA refund, maybe some other stuff too...and best of all I could accept a service connected death.

There was no Peace with Honor for my husband in a Section 1151/FTCA wrongful death.

On a personal note here, my recent PCP annual exam Monday found my cholesterol was great and my Tryglycerides were 84, reduced from 93 last year. I have no heart disease and I think it is because I eat right and exercise.

I recall my husband's Tryglycerides were way over 200 and his HDL/LDL etc was bad too.I used those VA Blood chem reports to prove he had diabetes mellitus along with other extensive medical evidence.

I learned from studying those blood chem reports that diabetes can become a trilogy of these 3 readings and can certainly lead to heart disease (diabetic cardiomyopathy) or make AO IHD get worse.

The VA docs had put little check marks on some of his high readings in the med recs and never did a single thing to look into why the readings were so high.

I dont advise anyone to do FTCA by themselves unless they are willing to read, research, spend the time it takes, and practically become a doctor. But you and I and a few others here over the years have succeeded because we were willing to go the whole 9 yards....and we had the EVIDENCE. I commend you!