Perfected Ftca

[sweeper68]

I filed a letter of complaint to BVAMC after suffering a heart attack and residual damage due to their (BVAMC) not addressing the diagnosis and complaint (non treament of a known condition for 3 years ). Instead of filing a complaint claiming an amount certain the VSO told me I could write a letter of complaint to the hospital but not to enter an amount for damages ! Of course they never replied to my letter.And I filed an 1151 within the 2years of my heart attack. It was denied after 4 years in the merry go round called adjudication. But strangely enough they awarded a 100% rating for heart shortly after learning where I was going with my complaint.. I did not even submit a claim for the heart ! anyway I filed an sf 95 (registered mail )shortly afterward and it got lost after waiting for a reply for 2 years and was told to submit a new one !! Yes! the ride is just beginning! I submitted a new claim( copy of original ) ,this time time they admitted reciept of the claim.I know the FTCA law stating you must notify the offending agency for a claim to be valid, so the question IS. do I stand on solid ground as far as procedure goes? My POA is the American Legion and my opinion of them is lower than a snakes belly ! Anyone with knowledge that could assist me would appreciated.. Sweeper 68 Vietnam Vet 67-68 Central Highlands

[sweeper68]

The question as to whether or not the vet has the right to see the IMO report done by the VAOIG in a FTCA claim.. (see my Jan. Post)

[Berta]

I never tried to get their internal med reports until after I settled.I did have one to one contact with the medical team during my case so I felt I didnt need to see it.

I dont think they would ever release these types of reports prior to any resolve of any FTCA claim.

You could send them an FOIA/Privacy Act request for it but they sure might not release it.

If you have a lawyer maybe the lawyer could obtain it.

[sweeper68]

Under USC 38-5109 plainly states ( claimant SHALL be furnished a copy of the IMO report) no room for if and but or maybe in that lanquage! My point here is to uncover the blatant lies that VA spews out to those who seek fair and lawful resolution to their claims. They require the claimant to submit their IMO, but want to play cat and mouse when the same is asked of them.. BS!! Anyway I think that it may be beneficial if this USC were pinned here on Hadit for all to see and add to the knowledege of veterans and their right to see documents that may help with their claims.. JMO. And to add an update on the IHD issue,I went for a C&P recently and was told by the examiner that I would be SC for IHD. And the cardiologist opined that this disease being added to the presumptive AO list was nothing but politics!! Her evidence... since we are getting older and THAT most of us smoked while in Vietnam the problem must be age and tobacco ! Of course me being me, I rendered my opinion as well! LOL.. Sincerely, Sweeper

[Commander Bob]

I understand some Federal Courts have a program set up for assisting citizens in Pro Se FTCA claims action.

Thank you for your service, 'sweeper68', and congratulations on surviving the heart attack. I hope that you are doing well and live long.

Question; Why don't you get a lawyer???

[sweeper68]

Good question Bob.. you see I live in Al. where in years past courts and judges awarded exorbitant amounts to claimants. This led to TORT reform in the opposite direction. And now every atty. I have spoken with touts the cost and developement difficulties involving FTCA in my state.. Others located in other states recommend a local atty. So I am left to go it alone, except that I have a atty. friend who assists me even though FTCA is not his speciality.. I know of 2 vets in my area that are having the same problem.. I plan on going Pro Se and presenting my case face to face with the federal judge, if I can wade thru the procedural requirements, which I feel I can do! Thanks for your service also, Sir ! Sweeper 68

[Commander Bob]

I understand 'sweeper68', Although it's an uphill battle, I am impressed with your research and your energy. It sounds like you are caught up in the VA web now. The principle of the issue is paramount. I once took a VAMC parking ticket all the way to the Federal District Court, and prevailed, without an attorney. I was threatened with 6 months in prison and a $5,000.00 fine by a fed. magistrate for the parking ticket before I had the case moved up the line. Good luck.

Edited February 7, 2010 by Commander Bob