Post humus claims

[pwrslm]

Have a Nam Vet who will pass today from myeloid lukemia. Checked the BVA appeals and it shows this can be related to AO.

Spouse is not ready to shoulder this job yet, but I am doing advanced research.

How can she file a claim for him after he is gone? Is it possible?

[pwrslm]

Thanks Berta

They were treated in a non VA hospital under private insurance, and are home hospice now. Nurse visits. Just found the DD214 yesterday, daughter had it. The package was submitted, by fax and USPS return receipt, so the pressure is off for now. The entire thing was over 300 pages and included the entire medical record from the non-VA oncologist that treated from start to finish. The VA treated him up to Jan 2016, did blood marrow tests and all that and did not diagnose the condition. Someone needs to be fired for sure, no excuse with marrow tests for them not to diagnose CMML. 

 

I spoke  w/daughter yesterday, she read me the statement the oncologist put into the medical file when John was first diagnosed. She stated in the file that the VA failure to diagnose delayed treatment and that the condition was probably terminal at that point.  This is going to be key, I dont think the VA will slide on this one. 

IF they follow regulations the claim will receive fast track processing because of the terminal illness. At least this will move it along to get the ball rolling, after John passes I am going to advise them to do nothing until they hear from the VA about it, leave it expedited until we need to do the paper work for spouse to replace the Vet at least. 

 

[Berta]

"needs to be fired for sure, no excuse with marrow tests for them not to diagnose CMML. "

That is negligence!

"I spoke  w/daughter yesterday, she read me the statement the oncologist put into the medical file when John was first diagnosed. She stated in the file that the VA failure to diagnose delayed treatment and that the condition was probably terminal at that point.  This is going to be key, I dont think the VA will slide on this one."

They might "slide"..... There is potential here for FTCA and/or Section 1151.

They fought me aggressively over my wrongful death claim, withheld probative evidence from C & P examiner and even withheld it from the General COunsel's office. And lost the critical Peer review that caused the Regional COunsel to start negotiations with me mere months after VA got my SF 95.

I was a very aggressive claimant. I had to start from day one ,without the missing Peer Review report.

The RC and the cardio doc who wrote that report went MIA as well.

I did not hesitate to push them to the limit. FTCA award and then Section 1151 DIC. and then multiple other awards due o their malpractice....

Are you versed in 1151 claims? FTCA and 1151 info are here in our FTCA forum.

5 years later I reopened my claim and found the missig Peer report whicvh VA, even OLMA offie,. told me had "never existed".

Screw them---it helped me with my AO IHD DIC and my AO DMII AO death claims.

Can you tell me where this veteran served and when...when you see the DD 214.....

 

 

[Berta]

PS, I expect a letter from the Secretary specifically on the issue of VA malpractice,regarding a letter I sent him as soon as he was confirmed.

I went into detail as to how VA has been hiding the true malpractice FTCA stats from the public and also the 1151 stats. POTUS got a copy of the letter as well.

I helped a reportera little with a big story on VA malpractice stats a few years ago ..it was very little help because I speak VA and he didnt. I posted the link here to his story when it was  published..

This time if the reporter  gets back in touch with me, I might have more info for him...

The true story is worth the Pultizer Prize.

 

 

 

[Berta]

"The VA treated him up to Jan 2016".........how long was he a VA Patient?

 

[pwrslm]

Sry been away for a few days. John is gone, left us Sat evening. Another Nam Vet fell to AO.

Not sure how long VA worked with him, I know that he was getting hearing aids from them. We didnt get the VA Health record yet. 

Im laying off a few weeks let the family have this time.

Will bring them in to this post after that. I think the daughter has been in the med field for a long time, and suspects she thinks negligence to.

Spoke to VHA (peggy) today, they said it takes 5-10 days to go from fax to get into the system so its a short quiet before the storm.

[Berta]

That is so sad....you are right..another AO vet gone.

The family needs time and we can help when they are ready...

Based on the private oncologist statement, this will be not only a direct SC claim for DIC due to AO, but also a Section 1151, 38 USC claim. Two separate claims but each one should refer to the other claim.

If they award DIC under 1151, I feel the spouse should pursue the direct SC AO death claim as well...

they only award one DIC payment but I am glad I filed that way because, twelve years after they awarded the death under 1151, I proved they malpracticed on 2   additional AO conditions,and that award gave me more benefits, but more importantly , a death I could accept.

I am still angry.....she also can consider a FTCA case. FTCA is a lump sum settlement with the USA. They will give her DIC on paper ( under the 1151 claim) but she wont see a DIC check until the settlement amount agreed on is paid.

If that is the case down the road ...I dont want to forget this....

The Statute of Limits is 2 years from the date of awareness of the malpractice (possibly the date of the private oncologist's report) and I do suggest a lawyer at that point.

I negotiated my settlement and offset myself. I knew I had them by the goonyats.

But that is not an easy thing for most people to do. Some people get intimidated by  VA OGC  lawyers and their client is the USA, but they settle via VA on the behalf of the USA. .FTCA really requires a lawyer with past expertise in FTCA torts law against VA. 

At that point in my case, I loved dealing with them.They know 38 USC better than the ROs do for sure. 

But many tort lawyers know FTCA law and 38 USC as well.

Some states have a settlement cap as well. And  a claimant can always go to a federal court if they do not like VA's offer....which was, in my OGC lawyer's words -the cat and mouse game.

I said I was the cat. I got what I wanted.  I hope she can receive direct SC instead however....

There was no honor for my husband, knowing the very medical system that his service, and the service of millions of men and women,created....

also supported the very entity that caused his death. VA medical care.