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Perfected Ftca


sweeper68

Question

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

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Good deal Bob. fighting a parking ticket all the way to court..LMAO! We don't like being left behind on paper trails nor bureaucratic BS trails either !! Way to go man! Keep that attitude... Sweeper 68

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Sweeper68,

In my last post here, I mentioned that I took my case to the fed. circuit court. Now that I think back into the last century, I remember it was a fed. district court that heard my case. I corrected my original post to reflect the correct court. Of course, back then I was willing to take it all the way, if need be.

"We were young once".

Edited by Commander Bob
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hello everyone.. I just dropped in to give an update on my ongoing FTCA claim. And also add what was recently discovered concerning my 1151 claim, after constant pursuit as to why the VARO closed my 1151 without full adjudication. I go to my Congressman's office where to my surprise I found out during a 3 way phone conversation involving a VSO concerning another issue, that I was awarded the 1151 in Aug. 05!!!! I said . this is Breaking News to me sir.. Maybe you could tell why I never recieved a copy of this decision ? Of course he played brain dead. Anyway I asked how I might be able to recieve my documentation of the award, and he said to send a request thru my congressional reps office and ask for it under FOIA! WOW! I find this unbelievable.. Lies atop more lies.. Anyway I recieved a letter from VARO stating that they would send it to me in 60 to 90 days.. I can honestly state that this cloak and dagger style used by VA is mindboggling ! Of course I will believe this it when I see it (my 1151 award copy)... Sweeper 68

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WTF!

. "Anyway I recieved a letter from VARO stating that they would send it to me in 60 to 90 days."

Send what =the 1151 cash? or the 1151 award letter?

Why would it take them even more time-if they awarded years ago- to prepare the award letter?

This is really a new one for me.

Have you heard anything at all from the VA General COunsel or regional VA lawyer as to the status of the FTCA claim?

Maybe that was awarded too and they never informed you.

This is one of the most unusual situations I have ever seen.

"cloak and dagger style" yep- it can get to that point when you file FTCA/1151 claims.

Is this the same rep who told you to leave the damage amount blank on the SF 95 form?

Reps are never a good source of info for FTCA claims and really cant handle them. Hs advise however was the dumbest I ever heard regarding the SF 95 form.

Most vets (OGC told me this) fail to put the figures into the proper columns and then fail to total them. They have to reject those SF 95s until they are corrected.

Also many lawyers wont step into a FTCA case if the vet has not asked for plenty on the SF 95 form.

I asked for millions.

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WTF!

. "Anyway I recieved a letter from VARO stating that they would send it to me in 60 to 90 days."

Send what =the 1151 cash? or the 1151 award letter?

Why would it take them even more time-if they awarded years ago- to prepare the award letter?

This is really a new one for me.

Have you heard anything at all from the VA General COunsel or regional VA lawyer as to the status of the FTCA claim?

Maybe that was awarded too and they never informed you.

This is one of the most unusual situations I have ever seen.

"cloak and dagger style" yep- it can get to that point when you file FTCA/1151 claims.

.

Is this the same rep who told you to leave the damage amount blank on the SF 95 form?

Reps are never a good source of info for FTCA claims and really cant handle them. Hs advise however was the dumbest I ever heard regarding the SF 95 form.

Most vets (OGC told me this) fail to put the figures into the proper columns and then fail to total them. They have to reject those SF 95s until they are corrected.

Also many lawyers wont step into a FTCA case if the vet has not asked for plenty on the SF 95 form.

I asked for millions.

Berta I assume I may recieve the award letter on the 1151 claim. The status on the FTCA claim according to my assigned VAIOG attorney is, it's close to being decided and I will recieve either an approval or denial soon l! I spoke with an FTCA law firm and he said since they are processing it and that it could take up to year to finalize. He said I was where I needed to be in the process and would probably recieve an administrative counter offer. And if I was not satisfied I could then sue in Federal Court. He stated that it would not be in my interest to get them involved since it has proceeded this far as they would get a percentage of any proceeds that was awarded. This sounded reasonable to me.?? No I did not leave the amt column blank on the SF 95, that was a letter of complaint to the VA hospital that she told me not to ask for an amount certain. She has since retired. Sadly I did not ask for millions, but close to 1 million.. If you go back to my earlier posts you will see that they awarded SC for Post coronary bypass after after changing the the diagnosis from CAD, CVD and CHF.. As for Post coronary bypass being listed as a condition of disabilty I'm not sure! that seems to be the status, not a disabilty designation. My current ratings are 100%PTSD, 100% Post Coronary Bypass x 4, 10% hypertension 10% Knee 10% tinnitus and yet to be determined IHD (agent orange.). The only thing I can see that was done to hide the 1151 award, was rating me 100% Post Coronary Bypassx4 not stating or informing me this was actually a 1151 award! A backdoor award in a sense, to avoid my having an actual document stating that fact in hand! They are slicker than a greased pig.. With all the smoke and mirror tactics they are employing all I can do at this point is wait it out. Unless you can make more sense out of this than I can!!! Maybe they were waiting for me to croak. Hell.. who knows??LOL..

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I am totally confused.

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