FTCA CLAIM

[rod]

After waiting 4 months I was told by the VA attorney that the peer review should be done within 2 weeks and then I should know something. 

Is Berta still around. Haven't been on here in about 9 years. Berta if your still around, if they deny me at the regional counsel how do I ask for a reconsideration from the Office of the General counsel?

I had a successful FTCA CLAIM  when my father passed away but have kinda forgot some of the ins and outs of this. 

Edited September 2, 2015 by rod

[Berta]

gee just as I left the hadit site minutes ago, VAOIG emailed this new PR :

http://www.va.gov/oig/pubs/VAOIG-14-03531-402.pdf

This is exactly what I mean, The veteran obvious had, if you read between the lines, piss poor medical care from the VA. and now he is dead.

I hope he has a survivor to sue them over his death. I hope his family is even aware of this IG report and that someone at VA advised them of their FTCA rights.

I bet this happenes far more then we know.

[rod]

Now the VA Regional Counsel said that there was a delay in the Peer Review. Hoping they're not getting multiple peer reviews until they find one that supports their side. 

[rod]

Berta if I'm denied or lowballed by the RO would you recommend that I appeal that decision with the OGC? 

We talked back in 96-97. Back then my username was otey217. Back then it was for the death of my father. 

[Berta]

If the denial comes from the Regional or General Counsel, you have to appeal with them ( it is not like a regular appeal,and it covered by FTCA laws) I think the time limit is 6 months.

If it is a Section 1151 denial, you appeal with the RO.

If the Regional or General counsel awards the FTCA there is still a chance the RO would deny the 1151 claim. Been there done that....

You appeal any RO denial with a copy of the Settlement you made with the USA and if they still deny you call General Counsel (whoever signed the settlement) and the GC will get on them.

 

Remember there is an offset factor to FTCA and 1151 awards as well covered here in the 1151/FTCA forums

[rod]

Berta I'm hoping you might have an idea about where my FTCA claim went to. I was assuming after the VA attorney was finished with my FTCA claim at the Fargo North Dakota office that it would be transfered to Minneapolis to the Regional Counsel. I was just informed it was instead sent to the Cheif District Counsel in Milwaukee.  I think that's a office of the general district office, but not sure. 

[Berta]

I am baffled by this.....the "VA attorney" who finished with your claim,...in my opinion...should have Been the Regional Counsel.

I dealt with the RC here in NY, and no middleman.Then directly with the OGC lawyer

Have you dealt with anyone on this list?

http://www.va.gov/ogc/rcoffices.asp

In any event this is the list and contact numbers for all Chief District Counsels- VA:

http://www.va.gov/OGC/DistrictOffices.asp

I commend you for keeping tabs on your case.

FTCA issues are also supposed to be brought to the VISN director's attention....by the VAMCs involved.

It is funny to me now, but wasn't at the time, when I called the director of my VISN to see what he might reveal to me about my case prior to the settlement  but he was SHOCKED at what I told him and said no one from either VAMC had ever even informed him of my FTCA issue.And they never informed the NPDB either. That is how they get away without disciplining malpracticing VA doctors.