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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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htway750

Disability due to VA negligence

Question

I had a right knee Arthroscopy Surgery on my right knee in 1997 and ended up with Stapf Infection about a month later. I was admitted to the Veterans Hospital in Denver, Co. and spent 6 weeks in the nursing home there on antibiotics. They had to operate on my knee while I was there to clean out the infection from staff. After I was discharged I found out what staff infection was and filed a Form 95 against the VA for Malpractice. In 2001 I received a settlement from the Veterans Administration for the sum of $40,000.00. I have heard that you can file a Form 1151 for non-service disability due to VA negligence. I am wondering if I can still file that, and what will I need. I don't have any of the original paperwork. What can I do? The VA had to do a total knee in 2003 because of the staph infection, and then a revision of the total knee in 2004. Both operations failed, and now I can only bend my knee at 90 degrees. Any help or suggestions would be appreciated. Because of this, now my right knee is giving me problems and is making getting around difficult. 

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"I really think the VA has blackballed me for filing the malpractice suite on them."

Recently I filed a new claim and gave a history of my issues at the end of it-

I felt the same way as you do when I read over older SOCs SSOC, and denials that never considered my evidence..

But I fought back and they awarded everything so far.Except for a new claim I have pending due to CUE.

"Aren't they going to be a little bit suspicious of just from my Federal Tort Claim just wanting files from those dates? "

You need all of your VA medical records. That is not an unusual request from a veteran.

You need a copy of your C file. That also is not an unusual request from a veteran.

 

", how do I get any records from the VA counsel regarding my settlement  I didn't have a lawyer to file for me, I filed myself and won."

As I mentioned above:

"Also you need to send a letter to the Regional, District or General Counsel VA who signed off on the settlement  and ask them for any Peer Review reports and any other medical reports regarding your settlement with USA."

I sent my letter to VA OGC in Washington DC.I had no problem getting that info as to the VACO review- as I mentioned before the VA hide the favorable Peer Review , and GC never saw it. I found it at the very bottom of my C file years later.

"I have had some important files disappear for no reason at all."

They might show up  when you ask for all of your records or your C file.My settlememt papers were in my C file but that is because I filed under 1151 as well.

When I reopened my claim for direct SC death, the VARO gave me a lot of crap.Because I already won wrongful death.That claim took 6 years ( and I had to get OGC to order them to pay me) ... I expect crap for my current claim. However I will give crap right back to them with 38 USC and 38 CFR.

Did you deal with a Regional or District VA counsel or directly with the OGC in DC?

I might have some phone numbers and addresses for them.

Will post what I find

Edited by Berta

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Can you tell us what VARO and VAMC handled your issues in 2001?

VA changed the title of Regional Counsel to District Counsel some years ago.

You mentioned Denver VAMC so I assume the counsel listed here under Colorado is who you need to call, 

Continental - West

CO, MT, OK, TX, UT, WY
Jeffrey Stacey (Denver)
(303) 914-5810
(Standard Mail)
Office of Chief Counsel (02)
P.O. Box 25126
Denver, CO  80225

Office of Chief Counsel (02)
155 Van Gordon, Suite 551
Lakewood, CO 80228

https://www.va.gov/OGC/DistrictOffices.asp


If Jeffery Stacy cannot help you, he might well be able to refer you to someone else.

I am assuming you dealt with a regional (District Counsel) but if it was the OGC  in  Wash. DC it will take me time to find their number.
So that is something you need to ask Jeffery Stacy about.He would have their phone/fax info.

I loved dealing with the OGC General Counsel VA, not only do they know VA case law in and out, they also live for Evidence and I had plenty.

I bet whoever signed the settlement you got on behalf of USA,  might  still be employed as counsel for the VA.

The lawyer I dealt with was horrified over my last phone all to him.13 years after my settlement- he said I had been too tough to deal with- but we laughed at that- then  I told him I wanted more money-

long story ...OGC sent an order to my VARO- immediately I got my money.

My AO DMII direct SC death claim triggered the refund of my initial FTCA offset.

 

 

 


 

Edited by Berta

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