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I have a step mother who has made a claim for death

Customer Question
I have a step...

I have a step mother who has made a claim for death indemnity compensation due to an accident in a VA facility that led to my fathers death. the case was denied, but need to be able to explore the situation further.

Lawyer's Assistant: Has anything been filed or reported?

Yes and the medical report that the death was caused by a fall from a bed at the VA rehabilitation for elderly facility.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The claim was recently denied after their investigation. the response took from January 29th to now.

Submitted: 1 month ago.Category: Legal
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Answered in 2 minutes by:
1/3/2018
Lawyer: Gerald, Esq, Lawyer replied 1 month ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,816
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer.

Can you tell me a bit more? Was the claim denied by the VA or was there a law suit?

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Customer reply replied 1 month ago
No law suit
The claim was denied
The response was their investigation reported that the bed was securely set with restraints to prevent falling
My question is how did he get over the bed rail being in therapy at the time to get strong enough to get around to go home
No mention of the method they arrived at the information they denied the case
Lawyer: Gerald, Esq, Lawyer replied 1 month ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It sounds like the internal investigator came up with a report to protect the VA. Either your father was not being properly monitored or the report is not accurate. This is not unheard of and it is, of course, improper.

Your step mother may wish to consider suing the VA. But you should know that suing the VA is difficult because as a government agency it has numerous protections against suit. Nevertheless a suit is possible under the Federal Tort Claims Act. Negligence cases against the VA are fairly complicated so you want an attorney that has federal tort claim experience. These attorneys will meet with you to assess your case at no cost. If they believe there is a case they will take it on a contingency basis. This means that there is no fee unless there is an award or settlement.

You can use this link to find a local attorney:

http://lawyers.findlaw.com/lawyer/practice/personal-injury-plaintiff

When you call them ask if they have federal tort claims act experience.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 month ago
Are there any resources that are familiar with and work with Death Indemnity Compensation claims? this has been a year. Currently social security cannot provide adequate funds for my step mother to live even on a minimal basis.This DIC compensation is only supposed to let the surviving spouse or dependent get a ongoing monthly compensation usually a partial amount of the Veterans pension or disability compensation at time of death.
Lawyer: Gerald, Esq, Lawyer replied 1 month ago
The best resource for her is to consult a local attorney. It will not cost her anything for the consult. The attorney may be able to get her some settlement.
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