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Something That Makes Our Firm Different

  • Writer: David Tierney
    David Tierney
  • Apr 15
  • 2 min read

This Sunday, I received an email from a former prospective client.

 

The client was reaching out to thank me for a telephone conversation we had about two years ago.

 

In that telephone conversation, she revealed that a family member had filed a tort claim because of VA negligence about ten years prior and that claim was denied at that time.


However, for veterans and their families for whom the relevant FTCA statutes of limitation have passed, there is another possible way to get compensation. Instead of a "tort" claim filed with VA, as our firm does with our clients, this other possibility means filing a benefits claim with VA. This type of benefit is commonly called an "1151" benefit (so-called because of its authorizing statute, 38 USC 1151).

 

1151 benefits are not different than service-connected disability or death benefits. Instead,  1151 is simply another way to get compensation from VA. Most importantly, there is no statute of limitations on 1151 benefits. So, if you believe that VA has been negligent, but more than years have passed before you filed a tort claim (or 6 months have passed after VA has denied your original tort claim), you may still be able to get compensation by filing a claim for a benefit under 38 USC 1151.

 

That's what happened in this person's case. Ten years had passed since the negligent events. They had filed a tort claim, and were denied. They did not file suit in time. But, they did not know about 1151 benefits. The other lawyers they had reached out to had no experience with VA benefits. Then, they found Rawls Law Group.

 

Here's the thing, though: Rawls Law Group does not handle benefits claims. Fortunately, not only did I help get a Veterans Benefits class on the books while I was a student and President of the Veterans Law Society at the UCLA School of Law, I have also since worked for VA as an attorney at the Board of Veterans Appeals. That means I am very familiar with veterans benefits. I was able to identify the problem, and recommend several benefits attorneys to call.

 

Since our call two years ago, the veterans family was able to secure compensation with the help of one of those benefits attorneys.

 

Having the extra knowledge about benefits, on top of our FTCA expertise, means I can help fellow veterans and their families in a wide variety of situations. I'm allowed to do so, even though it doesn't make our firm a dime. As a veteran myself, that is incredibly satisfying.

 

I think that's something that makes our firm different.

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