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wilspeak

Requesting Advice in filing a Federal Tort Claim against the VA

7 posts in this topic

Posted (edited)

Yes, that is correct advice.

My experience when I discovered the initial malpractice, was that it accumulated into More malpractice.

6 years of it. The link has correct info.

The benefit of 1151 is this..if the veteran dies of a non SC condition, and the 1151 issue via the Death Certificate and/or autopsy, and the coroner or  ME  lists the malpracticed condition under # 2 as a contributing factor to death, the spouse should file both DIC for direct SC as well as for 1151 death.

The spouse however might be in the situation I was. My husband filed the 1151 claim. He made me promise to go after them if they killed him so I opened an accrued claim under Section 1151.

I won the FTCA case before the VA would award the 1151 (and even with the evidence they had from OGC)they denied again, but I raised hell and they then awarded within months.

I have 2 subsequent awards for DIC under Direct SC, and one more under 1151 I got in 2015.

Good luck. I know there is more to this than you have posted.I liked dealing with the VA Office of General Counsel, in DC  directly.

That is where next to the BVA there sharpest VA brains are. They know 38 USC in and out. And I talked a bit  with the USA attorney about lots of claims stuff. They are brilliant.

and

They can read.

 

 

 

Edited by Berta

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