ftca legal info

[pwrslm]

I am trying to find competent contact for legal advice on an FTCA claim. Vet went to VA for help and they failed to diagnose lukemia. Vet went to non VA Dr and was properly diagnosed many months later. Treating non VA Dr stated in medical file that if it had been detected earlier, the vet would have lived much longer. He passed in June 2017.  VA failure to diagnose and treat issue.

Need consult w/atty to see if she has a case, if so what course of action to take. Been helping her with a claim for DIC but the VA denied SC  and generally "really screwed up" the decision. The non VA medical records (300 pages) and the nexus letter from the specialist (oncologist that treated him till he passed) were completely ignored. Both were faxed and mailed w/return rect!!

Spoke to widow this AM, she is ready to take the fight to them. Anyone w/experience  with FTCA and knows a competent atty please refer us.

 

Thanks in advance for helping!!!

[Berta]

I couldnt get any Mod to move this into a better forum but our member Broncovet will help you to pursue these issues.

[pwrslm]

Working this, the authorization for 3rd party info processed finally. 

The VA put that note on the end of the denial of SC-"NOTE: you requested to be substituted for the veteran on the claim pending at the time of his death; that process is pending." 

They removed it from the VA system, it only exists on the letter to the widow now. 

Projected determination for substitution date is July 2018. 

Widow is going down to VA to get enrolled/ID verified for advanced account to open EBenefits account. I can demand CUE from IRIS on her acct.

Edited October 12, 2017 by pwrslm

[pwrslm]

You are a beacon of light Bertha,  dont give up, everything you do helps!@!

Thank you for YOUR service, You really are a SHINNING STAR!

[pwrslm]

Update.

I contacted the White House Veterans line two weeks ago. They sent me an email regurgitating the same BS in the decision and wrote me off, so I called again.

They sent a second email I got on Saturday, and I replied to them.

I told them I wanted them to CUE their error. They wanted me to request a reconsideration but the VA had not authorized the widow to substitute the deceased veteran, and projected the approval to be July 2018. I told them the survivor could not because the VA had not authorized her to do it. I reiterated the fact that we provided them with a nexus letter and linked to a  .gov website (National Institute of Health) that clearly stated that Benzine was known to cause CMML (Chronic Myeloid Leukemia) to prove my case. 

I got an email from Client Relations, Office of the Under Secretary for Benefits at 1430 today telling me that a favorable deccision for benefits had been made as of 10/30/2017.

Now that the condition is Service Connected, we can move on to the FTCA case. They cannot offset this award if we win an FTCA case for failure to diagnose and treat. (IS THAT RIGHT?)

Thank you Birtha, I did just what you said and demanded that the VA CUE themselves and they did it. 

 

[Berta]

That is correct ... but I am the only DIC claimant I know of who got a FTCA offset refund.

It was because the death DIC ( 1151) was awarded ,but I then proved years later that the cause of death was an AO condition. It was a claim for direct SC for AO DMII ( never diagnosed or treated by VA) but the re opened DIC claim was not for 1151, it was for direct SC and my IMOs and lay medical evidence proved that.

The AO IHD regs also provided me with a direct additional cause of death claim award.

Can you scan and attach the decision when the widow gets it? Just cover the C file #, name, prior to scanning it.

But your question depends on  other factors:

"I got an email from Client Relations, Office of the Under Secretary for Benefits at 1430 today telling me that a favorable deccision for benefits had been made as of 10/30/2017."

What was the decision for? The DIC claim, or the accrued claim?

I need to find info on the "offset " factor. Possibly the VA would not be able to offset anything,if the DIC was awarded for direct SC death already .But this was different in my case. I had an appeal that BVA rendered moot years ago because I had won the claim and never withdrew the appeal. The BVA gave me a clue in it that prompted me years later to re-open the DIC claim. I need to find that too and post here.

Also OGC Pres Op 08-97 has bearing.

I have been very busy preparing information for an investigative reporter on 1151 and FTCA,which they received yesterday. Secretary Shulkin immediately reacted to their recent report in USA Today news but I have more info to give them and it will be taking up much of my time.Next to the AO issue (we might have news on more AO presumptives today)VA negligence and malpractice is the most important veteran issue I have and I have done years of research on it and have contacted the H VAC and former VA Secretarys with no adequate response. In a recent letter I wrote to Secretary Shulkin as to the CUE issue (I suggested a Fast Letter to go out on CUE within the appeal period) I added:

"I sent President Trump a reply to his web site mentioning other ways the VA could reform, specifically in the area of malpractice…." (I have to redact a part here )  ..."as to how the VA statistics on VA malpractice are manipulated. Since my husband was a victim of horrendous malpractice ( FTCA settlement with VA OGC /Section 1151 DIC  award 1151 proof available) I hope the VA will start addressing the roots of these terrible events and to something to prevent them."

I know how they have manipulated FTCA stats and what I call "Area 1151" - not area 51- but same secrecy premises- no one knows except the VA itself (and me and a few lawyers and IMO doctors) how they hide their 1151 awards statistics.

 

 

 

 

 

 

[Berta]

PWRSLM- I again asked for this topic to be moved.

It will get more input that way and possibly help others in the DIC forum.or 1151 FTCA forum.