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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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Berta

This could happen to you

Question

This is a very unusual story-I am contacting his attorney because I dont know what kind of settlement he got- maybe he appealed the 1151 denial.

We had a widow here about a year ago, in the same predicament. She was trying to file for wrongful death of her husband but VA said the doctor was not a VA employee, but a private contractor-working for the VA.

When I FTCAed them I made sure that all of the doctors who malpracticed on my husband were definitely VA employees.

Still, Brian was hopeful because he said the new VA attorney handling his tort claim told him that a financial settlement was likely - and that an expert for the VA concluded his primary care physician had failed the standard of care.

"She used these exact words - the VA failed to meet the standard of care and there was a breach - and that there's liability involved and the VA is looking to settle your case," Brian said.

But eight months after he filed the claim, that same VA attorney dropped a bombshell. It turns out that Brian's physician was NOT a VA employee - she's an independent contractor for the VA, and under federal law the VA is not legally responsible for negligence by its contractors.

Why did it take the VA eight months to figure out Brian's physician was a contractor and not a VA employee? The VA won't tell us. The VA and Brian's primary care doctor ignored repeated requests for an interview.”


After months of fighting the VA, Brian did get a settlement with the help of Virginia attorney Glen Sturtevant.”

Shortly after Brian reluctantly agreed to the settlement, he received even more disturbing news from yet another VA medical evaluation performed by an outside, independent physician.

Dr. Arnold Kim wrote in his report that delays in Brian's diagnosis and surgery "allowed for further destruction of the spinal column." Kim refers to Brian's "permanent injury" and the "red flag" missed by healthcare providers at the VA.

He believes the injury to the spinal cord "also led to the veteran's current lumbar IVDS, erectile dysfunction and voiding dysfunction," and that earlier evaluation and treatment "would have likely prevented the majority of the disability from the lumbar spine injury."

Brian traveled to Washington, D.C., in September to meet with lawmakers about his proposed "Tally Bill." It would force the VA to identify independent contractors to patients and require the VA to assume at least some responsibility for medical malpractice by its independent contractors. Congressman Dave Brat of Virginia has agreed to sponsor the bill and plans to introduce it to the House of Representatives in the very near future.

https://abc7news.com/health/va-misdiagnoses-and-delays-nearly-kill-socal-veteran/4451312/


 


 

 

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He got an FTCA settlement which will offset his future Section 1151 claim. The VA made it look like they care by compensating him a small amount which they will recover before paying him his Section 1151 claim.

He ended up losing because he had to pay his attorney with the settlement money. The VA will recover the entire settlement money including attorney fees from his future Section 1151 claim.

 

There are bunch of independent contractors working as primary care physicians and psychiatrists.

 

Most residents in the one year residency program are supervised by an independent contractor at the VA or offsite. The residents are not employees of the VA.

The VA only sponsor 1% for medical and 33%(one third) for dental.

https://www.va.gov/oaa/gme_default.asp

Edited by Solo

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Interesting-

His attorney is calling me tomorrow or next week. I emailed him yesterday regarding a different FTCA situation, but he promptly responded to me ,for my phone # -maybe to discuss the other issue as well.

I wonder how Mr. Tally  got a settlement outside of the FTCA SOL. 

 

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It is all for publicity. His small FTCA SOL settlement will be recovered from his future Section 1151 claim.

His attorney knows how to negotiate. His client will eventually get the money if he applied for a Section 1151 claim. The VA just advanced him a small amount which they will recover. 

Edited by Solo

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this is insane

who'da thunk that the complexity of it all would be hidden so well that nobody would know who is liable for what

we submit ourselves through trust to the government because of our injuries serving this nation for this?

let alone to not allow us the right for due diligence if we were informed consumers

this should be a fight to the finish, the moral implications are huge

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