Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Ads

  • Fundraising-001.jpegFund HadIt.com Veteran to Veteran LLC

    HadIt.com Veteran to Veteran Fundraiser
    Revenues are down, costs are up and I need your help. Financial gifts are always appreciated but never required. If HadIt.com has helped you and you can give back a little it is appreciated Give here https://community.hadit.com/donate/make-donation/

    Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 9 replies
  • Advertisemnt

  • 0
Sign in to follow this  
Berta

SF 95 first step in FTCA

Question

In light of the Fayetteville pathologist malpractice snafu, Jerrel Cook ( our radio show producer) and I discussed whether any affected veteran should file an SF 95 right away-

I have been emailing some vet lawyers to get their take on that- this Fayetteville situation is worse than any past similar VA problems...except maybe for the Phoenix crap-

  The SF 95  must be prepared properly. This article gives some info on that :

https://community.hadit.com/topic/2337-filing-a-tort-claim-1151-claim/

I studied all FTCA law before I filed mine-late December 1995-with some of my medical evidence attached to it .The Regional Counsel (now called District Counsels)called me up in May 1996 to begin negotiations. He had already obtained a Peer Review that supported my charges.Then much went wrong- that's OK -it was resolved anyhow.

It is best to have a lawyer to fill out the SF95 but you have the right to do it yourself.

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Share this post


Link to post
Share on other sites
  • 0

The VA only identified and notified seven veteran misdiagnosis. If you are not one of the seven, then you are going to need a very good attorney.

 

There about 100 lawsuits filed against Mark Wisner, physician assistant and the VA won't settle any of those cases. https://www.google.com/url?sa=t&source=web&rct=j&url=http://amp.kshb.com/2528830526/number-of-abuse-lawsuits-against-ex-va-worker-mark-wisner-approaches-100.html&ved=0ahUKEwjWkeOvmvrbAhUDvFkKHV5sAhsQyM8BCCQwAA&usg=AOvVaw2hLcvLmgiZWX82NRDdAFZr&ampcf=1

Edited by Solo

Share this post


Link to post
Share on other sites
  • 0

There is going to be a bunch of veterans trying to cash in on this. This could be the largest group of people trying to sue the VA.

 

Berta,  the VA recoup all the FTCA settlement money from your DIC benefits. They didn't lose much. The SF-95 forms the VA general counsel settles are mostly recovered by the VA.

Edited by Solo

Share this post


Link to post
Share on other sites
  • 0

You are incorrect-I got ALL of my DIC AND FTCA settlement.They lost plenty of CASH....and they owe me more under a OG Pres Op- too involved to explain here-

You are sure right about this :

"This could be the largest group of people trying to sue the VA."

I mentioned this to the malpractice attorney  I know of in Arkansas - possible Class Action,and he said his firm is considering that.

At first the VA withheld my entire settlement-as I mentioned here before I fought them but they ignored my letters until I re-opened my claim.

The Regional ( now District Counsel) called a CUE on them-when he saw my letters to them in my C file- they had to pay me quite a  bit that  they erroneously withdrew.

 

They had recouped the Offset I agreed to with General Counsel-but muh more erroneously -

I didnt negotiate for a full offset of the whole settlement-then -

when I proved direct death due to 2 Agent Orange disabilities they malpracticed on, I got my FULL offset refunded to me-

Mayby I am only FTCAer that had that experience -I dont know-

"The VA only identified and notified seven veteran misdiagnosis. If you are not one of the seven, then you are going to need a very good attorney."

That is 7 misdiagosed vets and 2 potential wrongful deaths - SO FAR-

I confirmed that with a Congressman yesterday who is looking into this.

Any veteran or survivor who gets the letter ,needs to obtain their complete VA medical records.

I can put them in touch with  "a very good attorney." His malpractice firm has had plenty of calls already.

there are 19,574 living  veterans medical records they (VA)need to go through-

there are over 5,000 deceased veterans records they need to go through- they have only gone through about 900 individual veterans files so far-

 

 

 

 

Share this post


Link to post
Share on other sites
  • 0

to add-

"There about 100 lawsuits filed against Mark Wisner, physician assistant and the VA won't settle any of those cases"

Why would they-

The cases I am aware of against Mark Wisner are Civil lawsuits.

FTCA is Federal law- BIG difference. 

If any of his victims have had documented emotional or physical damage from him they can file SF 95 - or if the Statute of Limits is gone, they can file a Section 1151 claim.

A local family stopped me as I left a local restaurant last night-their son had been arrested and the court dismissed the case last week...they wanted to come over and talk to me about what they should do- but I had to tell them they needed a civil attorney- I only know federal law under  FTCA.

Of course I told them  their son should sue the people who had him arrested- there are plenty of lawyers around here who could help them.

 

 

 

"Mark Wisner is facing 13 civil lawsuits in federal court. After Friday, that number could skyrocket."

(source- th lik you posted)

Edited by Berta

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 9 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines