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Berta

Wrongful Death- FTCA and 1151

Question

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.

 

NOTHING is IMPOSSIBLE!

 

 

 

 

 

 

 

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