Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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:   


  • 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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0

Wrongful Death- FTCA and 1151


If a surviving files under both FTCA ( the regulations are here in this forum) and also under  Section 1151, 38 USC-

and their claims succeed, there is an offset factor that is explained here- regarding the negotated settlement and offset amunt that is determined at the Distrrict counsel level or at the OGC in DC. I often see the full offset of the settelement regarding any 1151 DIC award. in BVA denials of  DIC under 1151. I negotiated with OGC directly- for far less of an offset that the full amount- 

The benefit of filing both FTCA and 1151 is this- the USA does not state in the settement , what the VA actualy did to cause the wrtngful death.

In my 1151 award it states very clearly a brief but chilling rendition of the multiple  malpracticed issues , that all caused/contributed to my husband's untimely death.

One of those issues was Ischemic heart disease, his main cause of death. He was incountry Vietnam,  USMC, 65-66.

Sixteen years after he died IHD went on to the Agent Orange presumptive list.

Due to the extensive medical research I had done for the FTCA, 1151 cases, and due to the fact that his IHD was never diagnosed or treated by VA,  and ever even rating on any rating sheet-I had enough info for the Nehmer claim ( 2012) to get a proper rating as well as a very favorable EED under Nehmer Footnote One.

My point is that a Section 1151 award for wrongful death will reveal the full gamit of malpractice, and identify and rate ( maybe),the disabilty(ies) they malpracticed on- and that statement and any possible rating ( which would be NSC) can be overturned by any situation such as Nehmer and/or any other claim that has a direct SC death basis.

Not in my  past 1151 award was the fact that I also proved im 2009, that my husband also had AO DMII-never treated or diagnosed( that is -the diagnosis was crossed out but I could tell what it said, )when the VA was trying to cover up the malpratice of his IHD, HBP, and stroke.

So my point is an NSC under 1151 can become a direct SC , in some cases - I only know of mine however- depending on  any new AO presumptives, or even on past AO presumptives, or by findingprobative evidence that would garner a direct SC death under a different theory....and re: FTCA, could garner an offset refund.










Share this post

Link to post
Share on other sites

0 answers to this question

Recommended Posts

There have been no answers to this question yet

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.

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.

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.


      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!


      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines