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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

Are you a potential class representative for a class action re: deceptive practices that have denied veterans compensation?

Cerebral Malaria victim who had hospital summary of rehabilitation instead of acute phase and not stated as rehab summary inserted in military health record leaving VA physicians and adjudicators to believe the case of malaria was mild.

TBI victim who has others complain that you are "drifty", unable to concentrate, frequent loss of train of thought, motor vehicle accidents and frequent near accidents, etc. indicating partial or complex partial seizures that have gone undiagnosed.  Self denial is usually indicative that you have become anosognosic.  Study done in late 1980s and early 1990s found EEGs with sharp temporal lobe tracings were "psychogenic" instead of indicative of temporal lobe seizures.

Artillery man or Gunner's mate who has had a rough time after military service compared to others with induction test scores in the same range?

Need representatives of classes to reopen 1988 class action based upon recent NIH studies.

  • I began writing letters to the Secretary, Congressman, Senators and Regional VA Centers in 1986 after being diagnosed with a "subtle" traumatic brain injury. 

In PTSD groups, I noticed many individuals had the same symptoms I had and when questioned they fell into 3 categories, some in more than 1.  TBI, p. falciparum malaria, and heavy artillery or naval guns firing more than a few hundred rounds.  These categories have been confirmed by recent NIH studies with regards to organic brain syndromes.

I believe the categories above, which often result in anosognosia, permanent as opposed to transient from intoxication, often result in suicide.  (getting the keys from someone who has had too much to drink) Anosognosia is not being able to recognize a dysfunction as opposed to denying it to protect one's ego.

I filed a court case in U S District Court, Central District of California on March 3, 1988 Case no.  88-6276 with other veterans as a class action and am submitting a petition to reopen the case based on recent NIH studies that have confirmed out allegations at that time.  The hope is to get veterans compensated at least back to March 3, 1988 for TBIs as well as cerebral malaria victims compensated from that date or the date of their onset whichever is later.

Needed are new representatives of the classes, individuals with TBIs, cerebral malaria and exposure to gunfire who have not kept up in earned income with their counterparts who are within 10 points of their primary induction test scores.  (proof of disabling effect) I have lost contact with the former class representatives.

I am in the process of an SF-95 medical malpractice tort claim for failure to diagnose and treat partial and complex partial seizures.  The case will be filed in Wyoming within 6 months of August 28, 2017.  I will attempt to have the Central District of California Court case transferred to Wyoming and Joined with the Wyoming filing.

Anyone wishing to join the effort please contact me at lembray@gmail.com.  Also needed is an attorney to take up the case either in Wyoming or California.

 

Edited by Lemuel
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"I am in the process of an SF-95 medical malpractice tort claim for failure to diagnose and treat partial and complex partial seizures.  The case will be filed in Wyoming within 6 months of August 28, 2017.  I will attempt to have the Central District of California Court case transferred to Wyoming and Joined with the Wyoming filing."

We have considerable info here on FTCA cases.

From one of my past posts is the 2 year statute of limits requirement:

"Basically The Statute of Limits is 2 years from the claimant's awareness of the negligence that caused the death or injury for a Tort claim against the VA.

Sometimes a skillful lawyer could possibly manipulate that SOL

I am a FTCAer/1151er.

I filed within months of my husband's death under the FTCA regulations.As soon as I knew I had evidence that the VA had caused his death.

I also filed a Section 1151 claim-there is no SOL on that type of claim." etc

https://community.hadit.com/topic/49501-statute-of-limitations/#gsc.tab=0

As far as I know, ( I dont think this had changed)the SF 95 must be filed in the state where the malpractice occurred.

FTCA, requires also, medically documented negligence/malpractice and also medically documented additional disability (or death) directly due to the malpractice.

There are many malpractice attorneys on the net, who can be narrowed down to the state that the malpractice was committed in.

When I was negotiating the settlement with the VA  General Counsel on my wrongful death case, I asked the lawyer what were the biggest mistakes claimants make when filing these claims.

He brought up the statute of limits requirement , as many cases are not tiled in time, as well as telling me that often the three blocks at the bottom of the form are not properly filled in and then added up.

One thing I have noticed here in the past 20 years, and have advised this many times, is to have the lawyer fill out the SF 95 , or if one does it themselves- to stick to my template.

I do not advise filing FTCA without a lawyer.

I will try to find my template and add it here.

Section 1151 have no time limits.

These cases almost always need very strong independent medical opinions to suceed.

The Independent medical criteria is in our IMO forum,.

 

 

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  • Thanks Berta.
  • I'm tolling the SOL from the date I was treated successfully for partial and complex partial seizures.  approximately 1/1/2016.  Plus I have a diagnosis of anosognosia by definition, not the specific word.
  • And the date of publication of the NIH malaria study, 12/12/2016.
  • The 1988 case was closed "without prejudice" and with no time limit to amend.   Plus there is new evidence.
  • Yes, I definitely need an attorney but none is to be had for this complicated case.  I spent 2 days researching in the University of Wyoming Law Library last week and found nothing that indicates I cannot proceed in pro se on my part of the old case.  Not sure if I can open the malaria part but perhaps because the case was under the umbrella of "organic brain syndromes" it will fly to reopen the whole class action and get the dating for Vietnam vets with TBIs granted back pay to the filing of that case.  That is the goal.  We recognized it in a timely fashion but were not able to put in the right form to get discovery that would have proved our case.  At the time the max you could pay an attorney on VA matters was $25.00 so we were denied due process.

Yes, I have an ongoing 1151 in the VA claims process also.  We are permitted concurrent approach through the SF - 95 Tort and 38 CFR 3.154.

My case is a multi state case.  Wyoming was the middle and last place I've been treated.  in order, CA, HI, CA, WY, DC, MD, DC, WY, CA, DC, WY  My understanding is that you can file a federal case against the Government in the state of occurrence, the state of residence or the state of the attorney.

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  1. Thanks Berta.
  2. I'm saving the template to review and amend what I have submitted to date.
  3. Have more to do on what I have submitted.  But I have time.  The attorney for the VA GC said she was on Oct of 2016 two weeks ago and didn't expect to complete my reconsideration within the 6 months allotted.  Think she is stringing out the SOL.
  4. Trying to get Nils R Varney, PhD, a much published researcher of neurobehavioral studies on p. falciparum malaria and minor to moderate TBIs as an expert witness.  Will need to have him get a back up of a Neurologist who also knows his work.

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My C&P file has over 3,000 pages on the CD.  Much duplication and in total disarray.  Will include that as a part of the "malpractice" causing errors.

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