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  • 14 Questions about VA Disability Compensation Benefits Claims

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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wilspeak

Requesting Advice in filing a Federal Tort Claim against the VA

Question

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

Edited by wilspeak

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Good Luck with this one

I had surgery done on my hand/fingers  due to Du-prey contraction.

I have no streght or grip in that hand now and it clicks for some reason &just driving  putting that hand on the steering wheel make sit ache and the Dr's don't know why..but I feel I am only wasting  my time with a tort claim. 

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Hello Buck52  , I am looking at my options. Thank You

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I have put a lot of info on VA malpractice (FTCA/1151 ) issues in the FTCA forum.

I won wrongful death FTCA  and Section 1151 DIC widows benefits.

The key to these claims is proving that VA medical care itself caused you to incur additional disability or death.

Does your attorney specialize in tort claims?  Does he also have 1151 experience?

 

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Just to add...almost a toe amputation is not malpractice. There is a lot to proving VA negligence.

The cause of action on the SF95 has to be clearly stated. My template for that should be here.

You must prove ,by documented Medical evidence that VA did not provide care comparable with the 
"standard and usual medial community"-a legal term I used and focused on for all of my successful 1151/FTCA Issues and then were important to my AO DIC due to DMII, and also misdiagnosed HBP and stroke, etc etc etc.tyo include AO IHD Nehmer award

If negligence or malpractice occurred, to the point of a ratable disability solely due to it, the evidence will be found within your VA medical records. It could be well hidden but if it happened  it will be there. If you read my posts on FTCA I proved one VAMC malpracticed and then another VAMC covered it up----and continued it...that is they Tried to over it up....they did Not succeed.

I know how to read medical records. That is best done however by an IMO/IME doctor with expertise in the field of the disability caused by negligence.

I am sure there is more o your situation if you have a lawyer interested in it. about 15-20 NY lawyers here told me I could Never succeed, Piss on them, I did all the legal and medical work myself and those lawyers lost mega bucks.:rolleyes:

 

 

 

 

Edited by Berta

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Hello Ms. Berta , yes I do have an Attorney. They handle VA and Military Medical Malpractice cases.  My Toe that has had complications from a surgery was scheduled to be amputated, but the doctors changed their plans. The Attorney still wants to open a Tort Claim. I am just looking into ALL my options like  I read this >>>  "  Moreover, if VA treatment for a service-connected condition makes an already service-connected disability worse or creates a new disability secondary to the service-connected condition, the Veteran may apply for an increase in service-connected disability benefits or claim secondary service-connection without relying on Section 1151 "    >>>>https://vnsla.com/tag/what-the-va-does-not-want-veterans-to-know-about-section-1151-service-connected-disability-compensation-claims/    , What do you think ?

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