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FTCA Federal Tort Claims Action
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149 questions in this forum
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Is this FTCA worthy?
Is this FTCA worthy? Thought I was posting in the correct Forum with my original post...know this is in Berta's wheelhouse: I am receiving 100% TDIU (90% SC w/remaining based on IU) since 2014. Saw an APRN from 2010-2016. In that time they (APRN/MD) prescribed Lorazepam at first 2mgs (1mg twice a day). Had already fought VA solo for a decade in getting the diagnosis for SC PTSD and GERD back-dated and had tried a laundry list of prescribed meds but had had no luck. I was asking the APRN repeatedly about depe…
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FTCA Attorney
I need an FTCA attorney. I have a Wyoming attorney willing to stand in as the Wyoming attorney for filing in the U S District Court for the Wyoming District. Is any available frequenting this site or can I get a referral from someone. The case involves prescribing a medication, Tegretol, for "atonic seizures" that was contra indicated, made my condition worse and then the West Los Angeles VA RMC Seizure Clinic refused to change medications. When It made me so bad, after 5 months, that I weaned myself off an quit the drug they still wouldn't provide a different drug and instead diagnosed me with "pseudo seizures" which cannot be done if there is a record of epilep…
0 votes28 answers -
Requesting Advice in filing a Federal Tort Claim against the VA
I had an operation done on my Right Foot in Feb. 2017 for a service-connected injury. There were some complications from the surgery and I almost had one of my toes amputated due to the surgery. I then contacted an attorney who is interested in my case. My question is, can I still file regular claims if I have a Federal Tort Claim in process or do I have to wait until the Tort Claim is settled? Will filing a Tort Claim affect my VA percentage of 90%? If I am still under the care of the same Doctors mentioned in the claim, will the doctors be notified ? or will I be assigned, different doctors? I appreciate any advice. Thank You
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Minors and FTCA- no Statute of limits
Within this older post I made in 2013, it seems minors would have no SOL (Statute of Limits) in filing a wrongful death case against the VA. I assume they would have to be a natural, step,or adopted child of the veteran ------someone would act in their behalf. I need to find more info on that and will post that info here when I get time.
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$900,000 Ftca Award Failure To Treat
The Department of Veterans Affairs this month agreed to pay $900,000 to settle a lawsuit filed by the family of a Washington man who died in late 2012 after a VA scheduler failed to refer him promptly to specialized care for melanoma. Read more here: http://www.thenewstribune.com/2015/01/24/3603545_va-settles-for-nearly-1-million.html?rh=1#storylink=cpy
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Va police assault and battery in Emergency room
Long story short if possible , took husband to VA ER for his ptsd his Dr called and said a bed had cleared and to bring him the ER was aware and a certificate of need was already in place. At one point I was made to leave him ( never before have I ever been told I couldn't be with him in ER) when they let me back in I was informed a va police officer had slapped him across the face bloodying his nose. When I asked about filing a complaint I received the run around for about 10 days . In the mean time this officer issued John 4 federal citations including assault on an officer. I filed a complaint with OIG witness statements prove my husband never even made a move to …
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2.5 Million Phoenix VA malpractice
http://www.disabledveterans.org/2017/03/07/veteran-wins-2-5m-prostate-cancer-case/
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ptsd Do I have a legitimate FTCA ?
Your advice in the past has helped tremendously and I thank you for that. I now need your guidance once again. On Friday December 2nd, 2016 I went to the VA outpatient clinic in Knoxville, TN for a follow up on, what I thought at the time, was an sprained ankle. My Primary care manager never asked about my ankle but went straight into questions about my depression and PTSD. This immediately puts me in a negative thought pattern mode and she recognizes this and continues further with questions if I want to harm myself. I answer "no" to all questions about harming myself or anyone else at any time. I also answer questions about my past suicidal attempts, which happen…
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No After follow up care from VAMC question for Berta
Is the VAMC responsible for treating a veteran spouse for major medical issues and then close all the speciality clinics and no follow up after care/Rehab...and now because of this her health has deteriorated badly. can the VA be held responsible? With my spouse its like the VA does treat her for a major medical issue but refuse the after care and rehab, they did this with her triple heart by pass and her wound got infected after they sent her home we went back to the VAMC and the surgeon that did her heart surgery was on the heart floor he seen her and took her in a room with a nurse the Dr had the nurse to go get a pair of scissors and he cut her wound o…
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Question about Active Duty medical negligence
I posted a little about this in another forum but it was structured as a question about my C&P so some of this may be a repeat for the frequent visitors. I had my C&P exam at the end of April. At that exam they asked if I had ever been depressed or seen a mental health professional. I said yes to both but that I had never been diagnosed with depression. I had seen a mental health professional back in 2012 when I was trying to get my chronic pain diagnosed (while I was Active Duty). It was basically an appointment to determine if my pain was "all in my head". That C & P examiner put in a request for a mental health exam. I got the appointment letter in th…
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Ftca?
Is a medical records violation tort worthy?
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New VA Malpractice stats from reporter
This is the same reporter who called me last year, interested in NY VA malpractice issues. I was the only FTCA case here in NY that I had documentation on so I didn't want to let him use solely my story..it will be in my book anyhow.... http://www.nydailynews.com/news/national/legal-settlements-veterans-affairs-triple-article-1.2654179 His focus was solely on NY FTCA - VA cases and all I could do is give him some tips because these settlements are very well hidden by the VA. No one here responded as a NYer with a FTCA issue when he asked me to post his contact info here. He and another reporter found some large cases but they do not reveal how muc…
0 votes3 answers
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Our picks
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We Closed the Notice for Request 1
Tbird posted a record in VA Claims and Benefits Information,
Question Poised:
We closed the notice for request 1. VA message states Closed the for Request 1 or 2 or some #. What does it mean?
It is a status message that doesn't tell you where your claim is in the process.
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VA Compensation Issue - What Does It Mean?
Tbird posted a record in VA Claims and Benefits Information,
Question Posed: So my appeal was closed on July 15. I haven’t received my letter yet, but under the issues tab on va.gov, where it used to say the items I was appealing, it now says “compensation issue.” Is that normally what it says just when they close the review? Has anyone seen any other terminology in that section?
Answer:
Compensation issue simply means your claim is for disability compensation as opposed to some other kind of claim Maybe an upgrade for discharge for example. Most claims that are submitted are designated compensation issues. Nothing to worry about.-
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Members Create Your Blog
Tbird posted a question in VA Disability Claims Research,
Create your blog.
Sometimes you have more to say that doesn't fit a community discussion. Maybe you are passionate about fishing, cooking, reading, it's your choice. The same guidelines apply to the blogs that apply to the community. The two biggest are no politics and no religion. Facebook or someplace else is the place for that, it is not here. Creating your blog allows you to expand on what you have to say.
Do you find yourself typing the same content again and again?
Create a blog post with that content and then all you have to do is link to the blog post.
This gives you two main advantages
You only have to type the content once, a great time saver.
If your content changes due to law or regulations or for whatever reason, you only have to update your blog, and wherever you link to that post will be linking to the most current information.
Check out the video below.
Have questions? Ask it in this topic and I will do my best to answer.- 0 replies
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Post in Imo done by telephone or via video does it have any credit
Tbird posted an answer to a question,
Further Reading from VA.gov
How do I upload evidence online to support my disability claim?
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
If you’re waiting for a decision on your disability claim, you can upload evidence to support that claim using our claim status tool.
Upload evidence using our claim status tool
Note: For any other type of document you’d like to submit online to us, please use the QuickSubmit tool through AccessVA.
If I filed a standard disability claim, when should I upload evidence?
Upload your evidence as soon as you can.
You can continue uploading documents for up to 1 year from the date we receive your claim. But, if you don’t provide any evidence or give us the information we need to help you get evidence within 30 days, we may make a decision on your claim earlier.
If we decide your claim early, you’ll still have the rest of the 1-year period to provide more information or evidence.
What happens if I upload more evidence after I’ve submitted a fully developed claim?
We’ll remove your disability claim from the Fully Developed Claims program and process it as a standard claim.
If we decide your claim earlier than 1 year from the date we received the claim, you’ll still have the rest of the year to provide any additional information or evidence.
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Help HadIt.com Stay Online
Tbird posted a question in VA Disability Claims Research,
If HadIt.com has helped you, please consider helping HadIt.com if you can.
When the site was gifted to Rattler it became a nonprofit. A nonprofit cannot use some of the previous items I used to help finance the site.
Now it all comes out of Rattler's pocket. He will not be able to continue financing the site on his own.
If HadIt.com has helped you or you want to be part of the future of helping veterans like yourself, please consider
make a one-time donation or
subscribe to a monthly Patron plan- 1 reply
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Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on. Use paragraphs instead of one massive, rambling introduction or story.
Again – Make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
How To Post
Post a clear title like
‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question."
This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
Note:
Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
