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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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PLEASE ADVISE AS TO HOW RESTRICTED CLAIMS FILES ARE


Question

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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      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"


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