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  • 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 ...
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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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My C&P report was so F'd up that the doc has disciplinary exposure with the State medical Board and even a civil action. I am offering her a chance to avoid any complaints. I want to honestly tell her how hard it is for anyone not working on my claim to access the claim file. Please advise.

I would like to be able to tell her that there is a snowball's chance in hell that anyone (particularly her supervisors) on the West Coast will find out she has owned up to and corrected her errors. Is this true? Citations to controlling regs would be great.

Thank you.

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This is just my humble opinion, but I think you are missing the point. You have the right to challenge a negative medical opinion any way you deem fit, but the simplest way is to get a positive medica

All I can suggest is , if the remand does not award the claim or at least the Brain injury and TDIU, another strong  IMO/IME would be in order. I had two very strong IMOs and a brief freebee opin

"Medical personnel have statutory immunity from “individual” malpractice liability while acting within scope of employment. A VA physician cannot be sued in civil court for the malpractice (tort) clai

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I am too smart to claim to know what I don't know. I don't know diddly about the screwed up procedures and the morons in the VA f**king up claims, whose only qualification is they were in the military and can't find a civilian job.

You asknod are talking out your ass and don't even know it, that is definitely a sign of a staggering intellect. I defended Med Mal cases for many years and for many more I sued docs. 75%+ of medical malpractice is all about forming negligent opinions. It is the opinion they get sued over. They formed a negligent opinion and made a plan based on such stupidity and then executed it perfectly. Sounds like many in the military, doesn't it.

The ignorance you spout isn't worth addressing, it is total bassakwards ignorance. Only morons believe they have not been harmed when the VA screws with their claim for years on years, all because the people at the VA have their heads up their asses.

For your ignorant misinformation, I will point out that being awarded back pay is only being awarded back pay. When damages are awarded for injuries caused by not having the funds you should have had (common type of damage) they are necessarily different than getting paid back what you were owed 8-10 years ago. Of course it takes a modicum of intellect to understand the difference.

Even most fools understand the difference between apples and oranges. Apparently not all of them. the VA can't take an offset for something that caused financial harm. The rule you are talking about is when disability is awarded as a result of medical malpractice or other VA negligence, they can take an offset against disability when the damages awarded are for disability. But apparently you don't have the intellect to understand that.

Trying to tell you what "duty of care" means in a legal setting would be like talking to kinder-gardener who has already made up his mind not to be taught anything.

I am sure you will spout more putrid fecal material out of your blow hole. I will not bother responding to the likes of you again so have at it and prove how smart you are.

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"The rule you are talking about is when disability is awarded as a result of medical malpractice or other VA negligence, they can take an offset against disability when the damages awarded are for disability. But apparently you don't have the intellect to understand that."

ASKNOD DOES understand the FTCA and 1151 offset factor.

You do not understand what FTCA , under the VA, considers as “Damages”.

If every TDIU vet could sue the VA under FTCA for their loss of their job (s) or loss of their homes, (s), because of their SC disability (ies), as "damages"

( and thousands of TDIU vets have had those losses ,and many also lost spouses  who divorced them, solely  due to their SCs,)

-the VA would become bankrupt.

I agreed ,with VA OGC, to an offset of 1/4 of my wrongful death FTCA settlement.

When I proved Direct Service connected death, the offset amount was refunded to me.

It took an Order from Richard Hipolet, OGC, as VA had denied my offset refund request.

The check then was immediately in the mail.

I am the only Claimant I know of who did that but I mention it here because I am sure others here to include the hundreds of guest readers daily, or their survivors might find it to be important to their issues, if they succeed in FTCA..

I don't think you really want advice.

Your claim can be won, and we already told you how it can succeed. But we were wasting our time.






"Claims Under the Federal Tort Claims Act

The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred."https://www.va.gov/OGC/FTCA.asp
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VA Doc Conceeds.pdfI JUST WON MY CLAIM

On March 25, I made a post that I was going to go at this from all angles so as not leave anything to chance. I explained that I know Med Mal litigation very well and how to hit doctors where they live. I explained that I was positioning the Doc that turned my C&P into a bloody abortion that had to place in reality and that I had a tactic that would turn her negligence into an intentional tort unless she issued a complete retraction of all harmful opinions. I explained to her that if she allowed that to happen, I would then be able to go after her personal assets and come after everything she owned. And, within an extent that was wholly lawful, I promised to make her life a living hell, by means outside of litigation if she did not. All of this was based on my correct understanding of the applicable medicine and medical issues. I ended up delaying the letter as I made revisions to it and did not send it out until the end of March. I sent it to her home address and her VA address by certified mail. I gave her until close of business April 30 to provide the requested documentation, explained there would be no extension of time on my demand because time was of the essence. I have been very busy the last week, focusing on an issue for one of my kids. It seemed to me that she had chose the perilous course, for herself. I was confident that her choice to ignore my demand would really seal her fate in the civil action I would be filing. I made it clear that the demanded response would only protect her from the action for intentional torts and that the cause of action for medical negligence would still be valid. The discussion here got kind of heated with a lot of people telling me they knew so much more than I did (simply because they know how to do what they are told and how to bend over and hand the VA Vaseline). I suggested we table the discussion until her time to respond had expired. Then recently one real obnoxious blow hard showed up explaining his vast experience in learning law from the back of cereal boxes.

It seemed I was being relegated to simply suing her for her f*ck ups after I completed my claim the ordinary way. I was cleaning my inbox today because it was a busy week. Lo and Behold look what I found, dated April 30, later in the day, just before time expired -after which I promised I would be coming after her all guns blazing. It will not seem like much to all the jail house lawyers here. But to an actual lawyer, it is crystal clear. She has issued the retraction. Her bullshit report was the only thing in my claim that the typically incompetent VA claims handler had to grasp onto. He ignored several reports from truly qualified experts, including the VA's best at WRIISC. I responded tonight demanding the actual "Addendum" to my C&P and I expect to have it by one of several ways within this coming week. I will make appropriate redactions and post that too, when received.

It is a fact. There is more than one way to skin a cat. A lot of cats in the VA deserve skinning. BTW, apparently based on legal advice received from typically incompetent VA employees that are lawyers. She chose not to provide me the retraction in the form I requested. As an incentive for her to be honest and forthcoming I had requested it in a particular format that would have prevented it from being used against her in the coming civil action. Instead she chose to issue it as a simple addendum to my medical record (the C&P report). In doing so she has tied up the Med Mal claim for me with a pretty bow. Here is what I received:


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    • By retiredat44
      who else had c&p doctor say a surgery was procedure not surgery. The c&p doctor argued and said that a Procedure is Not Surgery.
      Surgery for Pancreatic Cysts | Memorial Sloan Kettering ...
      https://www.mskcc.org/.../surgery-pancreatic-cysts Named after a surgeon who worked at MSK in the 1940s, the Whipple Procedure (also known as pancreatoduodenectomy) is used to remove cysts in the head of the pancreas. In this approach, surgeons remove not only the head of the pancreas but also part of the small intestine, the lower half of the bile duct, the surrounding lymph nodes, the gallbladder, and sometimes part of the stomach.
      a link, many links say:
      This c&p was about my pancreas surgery that ended up being a 6 month month hospital stay ending with necrotizing pancreatitis and liver disease. They went with endoscope and cut the wrong thing. It took over a decade and the BVA and 1151 claim to fight these crooks. He insisted there was no surgery for his report. I call it another page of dirty tricks used by VA C&P ! IMHO
      I know this has been hashed over and while already adjudicated, well not quite done yet (still might have to file appeal, but my VA rep still tells me I have to wait until they get done denying me. I have until December 2020 to file a disagreement of their lowball 1151 percentage), but I have to live with it and constantly suffering thinking about all the B.S. the VA put me through for 20 years of the denied claims !
      ACCORDING TO 3 SOURCES         Pancreatic Cyst Gastronomy Pancreatic cyst gastronomy is a drainage procedure that an advanced endoscopist or surgeon may use if a pancreatic pseudocyst—a fluid-filled sac—develops in the abdomen and causes symptoms such as pain, the sensation of a full stomach, or vomiting. Surgery & Endoscopic Procedures for Pancreatitis …
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    • By kent101
      My provider's name appears on the front of the letter where it can be seen by anyone. Isn't this a breach of veteran's privacy?
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      Just wanted to let everyone know that after 9 months of submitting a FOIA request for a complete copy of my C&P file, my claim was closed yesterday since it was apparently processed.  There was no movement on it up until this week when I decided to have my congressman submit a congressional inquiry on my behalf.  I also emailed every organizational account at http://www.oprm.va.gov/contacts.aspx and notified the Department of Justice FOIA office at https://www.justice.gov/oip/contact-office.  Not sure which one ended up pushing the VA to actually do their job, but my claim was closed a few days later.  I really regret waiting this long to take action...should have notified all of them on the 31st day after the original submission.  
    • By Ginterkill
      In hopes that this is the correct site, and this is the correct forum, upon permission from the site moderator I will post the tactics, methods, and stratagems that I have employed after being incorrectly labelled, and with malicious intent, a Category One Violent and Disruptive Patient. Commonly known as a Patient Record Flag (PRF). I have made extensive use of the Privacy Act of 1974, and the Freedom Of Information Act (FOIA), and stand ready to present the official documents verifying what you will not believe without documentation. You just will not believe it.

      The PRF in my case was originally issued by the Manager of the Community Based Outpatient Clinic (CBOC). According FOIA documents obtained by me, along with the official letter from the Chief Of Staff, in an act of shear either stupidity, or arrogance said precisely why they had so labelled me.

      What did I do, according to the official letter sent me by Chief of Staff, and the minutes of the DBC that got me labelled as a Violent Patient?

      FACT: I went as a private citizen to the Circuit Court building about a five-ten in walk from my apartment. Filled out a simple to fill out form regarding some disturbing telephone calls made to me by the clinic manager, who threatened to terminate my care (100% schedular vet), if I did not stop FAXing complaints about chronic medications shortages. The Judge, under a State Statute issued a Restraining Order To Prevent Further Abuse, naming myself as the protected person, and the CBOC manager as the Molester.

      This was possible in my State, because of a seldom used version of the Restraining Order mechanism that allows a disabled person to beg the court for relief if they become threatened by anyone within state boundaries with the discontinuation of medical care. Please note that this particular statute was available to me ONLY because I qualified as a "Person with a disability".

      The RO was obtained legally, and with merit of fact. NEVER LIE! This gives the enemy the means to defeat you.

      Details will follow upon approval by admin, so place and names and exact legal statutes will be withheld until I am granted permission.

      FACT: The VHA in official letter to me, and confirmed by FOIA documents, placed a Category One Violent and Disruptive PRF overtly onto me with the stated reason that I had obtained a Restraining Order to Prevent Further Abuse which named me as the protected person and the CBOC manager as the "molester". (Act Name - statute will follow later). Please note that a Restraining Order is issued by a Circuit Court Judge. So, they issued a PRF because a Circuit Court Judge ordered them to cease "further molestation by the protected person"

      Please note this is nowhere near a simplistic case as just those two initial facts. It grew into a colossal Civil Rights abuse, Criminal Abuse, and a whole lot of other types of illegal abuses.

      FACT: They picked the wrong Marine to pull this on.

      That is enough for now. It is going on 3 years now and the "keystone cop" antics that ensued trying to cover up that first enormous judgment error of their part might be deemed hilarious if not for the fact that people have died because of this stuff.

      I have completed 19 interviews with the press over an extreme example of government gone horribly astray, story nearly about to break. I have multiple documents sent to myself and my congressman trying to explain away the treatment directed towards me. The Oregon State Police (yep, for facts and proof not listed yet, they confirmed to me that VHA employees involved in an incredibly convoluted case was of "...a magnitude and scale we have never seen before." They have referred it to the State Attorney General for prosecution, and pleaded with me two years ago to be patient and not go to the press with the material facts until they make public the indictments, for fear the perps will become alerted.

      This is big time stuff. What they did, and in three years over this my local VA facility is now on Chief Of Staff #4, and virtually every one of the players in this tawdry affair have been booted for life from government service.

      WHAT I WILL NOT DO IS POST SPECIFIC NAMES OF VHA PERSONNEL! This is not the time in our country to stand up out of a sense of vendetta. We cannot do the honorable thing if we disregard the individual rights of these people and be willing to stand tall for them too! Besides, the list is growing beyond my measure to report on. This is a big thing.

      I am a Marine. A Marine is not the Judge, or Jury, and we damn sure are not serving our country to bring harm upon our fellow citizens. I am 100% rated. I have nothing to gain monetarily nor will I accept any blood money in return for withdrawing my efforts. Beyond that moral code, as a practical matter focusing on just singular incidents and narrowing the scope to that will go nowhere. My stratagems successfully, though painful to me, work. I am of the opinion that when you see my evidence, you will agree and see the light at the end of the tunnel.

      I raise my glass to you in hopes that the light you see is not the headlamp of the train!

      I will stand up for what is right until my last breath. I am a United States Marine. I can do no less.

      I will leave this post now with the oft quoted phrase from that text The Art of War, by Tsun Tsu, "He will prevail who knows when to fight, and when not to."

      Semper Fi
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      I wrote a thread a while ago about Nosey Parkers and how non-vets (and many vets, too) react to Disabled Veterans and the benefits, etc., some of us receive.

      I don't remember what made me write about it before, but this time it's because of something that happened this week.

      My took me & my car over to Sears so I could get a tune-up, tires changed to summer tires (up north here!), etc. After the work was done and I was about to swipe my card, I asked the salesguy if there was a military discount (trying hard to get in the habit - a lot of places here offer them).

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      When DH was heading over to the VSO on Friday, I knew he'd be going back to work. I asked him NOT to discuss it with anyone except to let his boss know where he was going. Then yesterday, while we were spending the day in bed (talking, not rumpussing, we don't rumpus any more (blush!)) we talked about who we could/should tell.

      I voted that he only tell his boss (so he can start thinking about retiring or whatever, but boss needs to know about his status & state of health) and the one other guy he knows is 100% ..... this same guy was the fellow that told DH he should be going to the VA for healthcare back in 2007. Nobody else needs to know.

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      People will say (the woman at the farm store who was gossiping with another customer about a veteran who'd just left the store was saying she has so much pain in her shoulders she could cry, but she doesn't have any one to file a claim with.... must be nice...)

      That's it.. that's the phrase. "Must be nice." Yeah well, it would have been a lot nicer to have come home in one piece, finished college and become a psychologist like I'd planned. It would've been nice if my DH had been able to move up and become a General like his cousin (no, really, Mikey just made General!)

      Instead, we've suffered physical and emotional pain for 20, 30+ years. We will NEVER heal. Now old age is creeping into the picture and the future holds more pain than ever.

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      My DH will never be able to pick up his grandchildren (whenever they come along). I'll never be able to take them for walks or chase them around the yard. We aren't old, but our bodies have aged us and our minds and medications have us acting like dementia is our middle names.

      Okay, this isn't a whine & sneeze party. It's about saving yourself some heartache and keeping your status to yourself. People gossip and your neighbors will think you're rich and living off 'free' money from the government - their tax money!! You might expect that your neighbors, etc, would think better of you, respect your sacrifice, but more likely they will feel envy.

      I'm sorry if I have a dark view of people. I wish I could believe better things. I just know first hand that envy is powerful and alive and thriving in the hearts of those around us.

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      I was upset, because yes, I got an increase, but she also knew that my private insurance wouldn't cover it either. She wanted me to go 3 times a week! Can you imagine what that would cost? Besides, that dang increase had come along just in time to stretch the months so they would meet, not in time for me to have money to burn!

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      I'm done now. Sorry for being fretful and paranoid.

      Thanks for being a place to get things off my chest.
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