ptsd Off Set

[Speaking Out]

Does anyone know where I go to read about when the VA can do an off set? I was SC ptsd10% and rated SC for Migraines and Endometriosis, but those were not compensable. I filed a med malpractice suit against the VA in 2004. In Nov. 2004 I applied through the DAV SO to have my benefits for PTSD and endometriosis raised and for IU due the the malpractice I had to stop working. I was increased to 30%PTSD and endometriosis 10% and was denied the IU. After some complications with my meds in 2006 I applied for my PTSD and endometriosis to be increased again. The PTSD was increased to 50% and the endometriosis was left at 10% with the statement..."At this point it is not clear if your endometriosis is responsible for the abnormal bleeding, but may be responsible for the dyspareunia, which is currently under evaluation. At this time we cannot grant an increase in your endometriosis as we have no clear diagnosis of this being the cause of your abnormal bleeding. If endometriosis is found to be the cause of your abnormal bleeding you may reopen your claim." I have received written offers of settlement for the tort claim from the VARO counsel, which we denied. Now, through a US Attorney, the new offer is a lump sum and credit for my SC disability pay for the last three years while the tort has been ongoing and then hold my benefits until the monthly amount adds up to the lump sum plus the credit. This offer (the lump sum + credit for 3 years of my SC disability pay) is a lower offer numerically than the last written offer from the VARO counsel. I have not filed for 1151 benefits. Can they do the off set under these circumstances? Should I file for 1151 benefits? How do I reopen a claim?

[Berta]

I dont know if that was fraud or not-dont think so-

but a VERY bizarre way of dealing with the offer-

What gets me is that I had a partial offset and it was clearly stated in my settlement papers.

After I couldnt squeeze any more out of the GC (I tried for legal fees but I was my own attorney so that didnt work- General counsel was eexaspewrated by then with me Ha Ha-)then the

Gen Counsel came up with what he felt was a fair and equitable offset to the USA and to me.

I totally agreed.(this is often an estate law issue when wuidows settle with VA-a little more complex than a veteran's offset)

I was satisfied-but the VA refused to honor the offset- and finally RC awarded my CUE claim on that.

I am so glad that the US atty is getting it right.

I sure hope however that the VA can read you settlement papers right- it took them over 7 years to read mine right-

no legal mumbo jumbo at all- a clear brief statement from the US of A, as to the settlement with me and the offset.

Edited March 16, 2007 by Berta