Carlie- My Ftca

[Berta]

This is a brief overview as there is much to FTCA and much of it is for lawyers to handle-I hope this might help someone :

Brief Overview of FTCA.doc

[Berta]

That is awful!

The VA's job is to pay as little as they can>I think some plaintiffs without a lawyer are afraid to negotiate with them.

[Berta]

That is awful!

The VA's job is to pay as little as they can.I think some plaintiffs without a lawyer are afraid to negotiate with them and might even accept the first offer.

With this brief FTCA article I prepared-and the considerable other info here in this forum -I can now refer any FTCA vet here to it and that saves a lot of repetition.

Hadit is not really able to assess anyone's FTCA potential because that takes a complete review of their med recs by an IMO doctor. And once they have a lawyer, they have someone who can answer anything we don't have an answer for here.

Some 1151 claims at the BVA have a FTCA component.

I caught something interesting today at the BVA site, Carlie.

Some vets who had succeeded under FTCA were still having problems with their 1151 claims.

Although there is an offset to 1151 awards they had the right to support their 1151 claims and I was astonished to see others like me-with proof of FTCA settlement -were still denied 1151 at the regional level.

I got my 1151 award only when I raised hell after a ludicrous denial and got the GC lawyer to call the RO.

What I learned this AM is that the GC will retire or destroy some FTCA records and hinder the vet from supporting their 1151 claim.The VA seems to ignore settlement documents because those documents do not contain any reference to the actual medical disability VA malpracticed on.These papers don't contain any info that would support a rating percentage.

The best thing a vet or widow/widorer can do after making settlement with the USA is to FOIA the A OGC for copies of all Peer Review Reports and any other documents that transpired during course of their claim and settlement.I had no problem getting this stuff after they paid me off.

These documents are now part of my CUE claim as well as my recent AO IHD claim.

So these Peer reviews can be critical to a FTCA claimant somewhere down the road.

In my case they contain the formal IHD diagnosis that VA never diagnosed and treated and the extent of other (all now direct SCed disabilities due to AO) that are critical to my accrued claim for SMC.

I was shocked to realize how easy it was for VA to deny 1151 issues that had already been granted FTCA settlement on because the claimant did not send adequate medical evidence (the Peer Review Reports)to support the claim.

Once a FTCA offset is recovered by the VA- then they have to rate the 1151 disability and start paying the 1151 cash if the claimant filed for 1151 as well as FTCA.

Maybe I should add this to the article and re attach it?

After settlement is paid, send a FOIA to the VA GC or Regional Counsel who handled the FTCA case -requesting copies of all Peer Review reports and any other documents the FTCA matter generated.

You wont get their internal notes and stuff but what you get will possibly be critical for another claim or future issue.

[carlie]

Some 1151 claims at the BVA have a FTCA component.

I caught something interesting today at the BVA site, Carlie.

Some vets who had succeeded under FTCA were still having problems with their 1151 claims.

Although there is an offset to 1151 awards they had the right to support their 1151 claims and I was astonished to see others like me-with proof of FTCA settlement -were still denied 1151 at the regional level.

Berta,

I won on the FTC but lost (denied) on the 1151 - due to a 1999 PRECOPOGC.

[Berta]

That is stunning Carlie-OGC grants your FTCA and then VA doesn't award the 1151?

I cannot fathom how this can happen. Was it a OG Pres op involving the Gardner Moratorium?

It seems absurd doesn't it? FTCA should be more difficult that 1151 (because the doctors they use are more specialized than the RO) but as I understood it, the basic criteria was still the same.

I am surprised to hear they denied the 1151 claim you had.

[carlie]

Berta,

This is part the VAPOGVPREC they used to deny my 1151.

Date: February 16, 1999 VAOPGCPREC 1-99

From: General Counsel (022)

Subj: Interpretation of 38 U.S.C. § 1151 and 38 C.F.R. § 3.358;

Psychiatric Disability Resulting from Assault During Examination or Treatment

To: Chairman, Board of Veterans’ Appeals (01)

QUESTIONS PRESENTED:

a. May compensation be paid under 38 U.S.C. § 1151 for disability incurred or aggravated as the result of a sexual

assault by a Department of Veterans Affairs (VA) physician which occurred while a veteran was receiving an examination or medical treatment at a VA facility?

b. May compensation be paid under 38 U.S.C. § 1151 for a psychiatric disability incurred or aggravated as the result of a VA examination or medical treatment, or is compensation under those provisions limited to incurrence or aggravation of physical disability?

[Capt.]

Hello Carlie and Berta,

I am astounded at the delays and tactics in your FTCA's and 1151's. I am just starting this battle so I am already discouraged with this. I hope my attorney will turn up the heat for me but I don't know if that is going to speed it up. Boy this whole thing is a real nightmare and I am just trying to stay alive long enough to see fruitation from what the VA has done. Berta you are really something girl. I am so glad you let me know what all to expect as I won't be as mad when the nonesense starts. Thank you both for posting this. I wonder how many of our folks here are going thru the FTCA and 1151 procedures. I am going to remember though.....NEVER GIVE UP.... God Bless, C.C.