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3M ear pieces for service members

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jfrei

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Those who served from 2002-2015 and filed a claim for tinnitus to have it denied by the VA. This maybe your culprit if you wore them but the 3M ear pieces they issued us overseas were defective and the company 3M paid the military 9.1 million dollars very sure someone got ripped off on this BS. So if you have evidence you wore these I’m sure proving the benefit of the doubt would swing in your favor. 

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As of right now the case is moving forward.  There is no date set yet for it to finish.  

This claim has nothing to do with my rating with the VA nor will it change my rating if i do received any monetary value from the damage caused.  This was something I wanted to be made very clear and it was written in the paperwork I signed.  

To answer your question the VA cannot help you with this lawsuit.  You can an should use your va medical records.  You need an attorney and if you want to file you need to hurry as I believe that time frame is coming to a close.  

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"This claim has nothing to do with my rating with the VA nor will it change my rating if I do received any monetary value from the damage caused.  This was something I wanted to be made very clear and it was written in the paperwork I signed."   

The above statement is absolutely true, however, you need to research "subrogation".  And the VA will pursue moneys used for your healthcare regards what you are suing for.  You will "keep" your rating and you will keep your monthly stipend, once the debt has been paid it will start coming again.

As a true example, my wife won a class action lawsuit with 300-500 other persons.  $35,000.000.00.  Different circumstances determined amount paid.  My wife got the most allowed by the compensation chart.  $64,000.00

Amount of award, $64,000.00, 2 years ago.

Lawyers got 40%, 25,600.00, about a year ago.

Wife got an advance 25%, $16,000.00 six months ago.

Misc. fee for records and supplies, $1200.00, pending.

Subrogation legal fee to subrogation specialist, $1400.00, pending.

Subrogation claimed by Medicare to date, $39,000.00, pending.

Right now we are in the hole $19,200.00, and will likely have to pay back the advance.

Also, ask your lawyer about subrogation.  They are required to report your winnings to any and all parties that paid any money towards your healthcare regards you hearing, i.e., Medicare, VA, private health insurance, etc., and settle balances, before they pay you out.  

Be careful for what you wish for.

My advice.  If you did not receive any medical help from the VA or comp regards your ears, then go for it.  But, if I was (I am) receiving the 10% for tinnitus, I would run away.

FWIW,

Hamslice

I have won 2 class action suits in the last year.  I received a check for $12 and one for $52. 

 

 

 

Edited by Hamslice
cause I can
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Interesting, hamslice.  Im still trying to understand "how" you "win" a lawsuit and wind up with a negative dollar amount.  I guess its "subrogation", but Im not sure what that means.  Sorry it did not work out well for you.  

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sub·ro·ga·tion

/ˌsəbrəˈɡāSHən/

LAW

the substitution of one person or group by another in respect of a debt or insurance claim, accompanied by the transfer of any associated rights and duties.   

Bronco,

If you have insurance to include, Private, Medicare, Medicaid and or VA healthcare, you have agreed to them being your co-plaintiffs in any lawsuits.  And in that regard, they get their money first.  The law is on their side.  The lawyers won't tell you that up front, but they are required by law to inform them that you won money.

Basically, as an example, if they put a pacemaker in you and later, the pacemaker was a known problem that harmed your health, so they took it out, and you won a class action lawsuit against the manufacturer, if an insurer paid for your health and the extraction of the pacemaker, they get paid back out of your settlement before you do.  That is subrogation.  Which we are going through right now.

Hope this helps,

Hamslice

 

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"For example, if the injured party's insurer paid $12,000 to the healthcare provider that treated an injured party, that party should not later be allowed to also collect $12,000 from the party causing the injury AND then be allowed to pocket the $12,000. This would result in a windfall to the injured party. Instead, the party's insurer should be allowed to collect the $12,000 payment either directly from the at-fault party or from the injured party. In turn, subrogation is supposed to help lower insurance rates.

The above example would work the same if a government benefits program had paid the $12,000. In fact, government benefit programs often include statutory provisions (provision written into the laws that create the benefits), which require reimbursement of payments made directly from the person or party that caused the injury. Injured parties who look to such programs as the federal workers' compensation program, Medicare, veteran's benefits, medical assistance, and state assistance programs should be aware that these programs generally have and pursue their subrogation rights."

I found a better description of subrogation,

Hamslice

 

Edited by Hamslice
cause I can
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So if I understand this the VA will take back their $110 or whatever it is now for the 10% they have paid me?   I have never had hearing aids or anything except for some exams.  They could say these exams cost X amount and take that also.  

I am not going to take any monies out until the end to see what happens, but this is good to know.  

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