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Steppenwolf

Standard Form 95

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Nexis/Lexis has the best information about using this FTCA form.

The software that includes this information is about $800.00 but every attorney who is unfamilar with this form should read this information.

I have it. It's 24 or so pages long. If i could get it scanned into my computer i think i can post it here.

For those here who suggest to other vets that it is a simple form that we can fill out on our own ( which is what the VA tells us when giving us the form ) is more than likely setting the vet up for denial and yet another long process of appeals and so on.

It is critical to fill out the form in a specific way with specific details and a "sum certain" amount clearly stated. That sum certain needs to critically be based on damges that have been previous determined. Those amounts should probably come from a malpractice attorney or law firm that has an excellent track record and know there stuff better than a lay person can ever know even with the help of the internet. And unless you want to do research in a law library and know what you're doing i suggest that you get an attorney who knows FTCA law with an affiliate who knows malpractice law and let them fill out the form.

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"For those here who suggest to other vets that it is a simple form that we can fill out on our own ( which is what the VA tells us when giving us the form ) is more than likely setting the vet up for denial and yet another long process of appeals and so on"

I tell vets to fill it out themselves and there is a template here I took from my own SF 95 to be used-

I maintain this form is a simple matter-and if they use the wording I suggested it will be OK.

I assume you mean FTCA claims against VA for malpractice.

The Regional COunsel will ask for more details and info-

the hard part is the medical evidence that proves malpractice-not the SF 95

Vets should get a lawyer and an IMO doctor even before they find a lawyer-I agree with you there-

what I see is that many vets are afraid to state the cause of action and get the SF 95 in the mail in time-

I have helped with countless FTCA matters -some here and many off this board -

I had a vet with what appeared to be an excellent case of malpractice.

He wrote to me constantly, and called me about his case but I had to keep reminding him to send in the SF 95 that I had worded for him.

We discussed this within days after the alledged malpractice occurred at the local VAMC. He went to the press and had big stories done about him and the potential malpractice issue.He told me he contacted many lawyers but none would help him. One was my lawyer -who he never contacted at all-

He had 2 years from the day we discussed his claim right after the VA Chapel services.

I sent him the SF 95 within a week.

He called me up very upset last year-

although he could get to a mail box to send me stuff , he said he depended on someone else to mail the SF 95 and regional counsel called him to say they regretted that they got the form too late.I know the regional counsel and he thought I could counsels mind-no way-

You are correct to make the damages high-I say ask for millions-

if they offer to settle and you dont like it you can go to federal court and possibly get more- or get Nada-it is a chance one takes.

The financial damages have to be proven also-

in most cases that is obvious and it is a given-

VA counsel assesses the amount of damage to the veteran's working life, and/or length of expected lifetime-and pays for what the VA has caused to be unable to occur-

The way the SF is filled out can be handled by a vet themselves -

the template here I posted covers it.

There is only one thing that can award FTCA settlements- and that is medical evidence to support the claim.

I suggest getting an IMO for all FTCA claims and a malpractice lawyer too.

Unless they are like my other SF 95 claim-

property damage-

We have vets here who filed out SF 95s themselves and succeeded.

Edited by Berta

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PS guys- I am not trying to argue your points-

It is just that 2 years from date of knowledge of malpractice can slip away fast-

that is the SOL (Statute of limits)

If the RC gets the SF 95 in time and questions it , there is usually time to fix it-

The RC questioned my recent SF 95 because he never saw a FTCA claim like it.He questioned the VA's jurisdiction under FTCA for the circumstances.

I sent him a similiar settlement from the NY fed court system which proved the point he questioned.

a malpractice lawyer should be able to prepare one in a heartbeat-

It is the Medical evidence along with bonafide proof of malpractice that makes these claims succeed.

I have gotten some bizarre FTCA claims from some of my vet orgs to help with-with absolutely no medical proof of malpractice at all.

If VA malpracticed, the proof is right in the med records.

It often takes a doctor -independent of the VA to assess this evidence.

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Hey Jim,

Sorry this has taken so long to get back to you; i never saw the post using "unread posts" it never came up.

To answer your questions: The 24 pages that i got was printed out for me from a DAV SO who purchased the program. i might see him today and will get details as to what the name of the program is. i know it's on DVD and one of the parts i didn't get to see the day he printed the SF95 info was that a visual DVD was part of the package. i watched about 30 mins of it and it was a class room at Stanford University with a law professor discussing veterans law. i'm not sure if it's just this professor or if there are others. The DVD set must be available directly from Nexis Lexis but i never checked. As soon as i know more i will let you know.

i suppose i can have the SF 95 pages scanned and put in PDF format and send it to you or maybe post it here.

The law firm that i signed with asked me for copies which i sent to them yesterday.

Another attorney i spoke with told me that Nexis/Lexis is the gold standard for most law students and firms. The must offer other services as well which i know nothing about.

Will get back to you as soon as i know more. If i can scan these documents i'll have to wait until i get back to FL since Staples and Kinko's want too much money to scan them for me.

Hello Step,

I would be interested in the info and the program. I have my own FTCA claim pending and have agreed to help two others (widow and veteran claims) with their claims.

Do you have the program? How big is it?

Did the 24 pages come in digital form? If it did, I can get it posted for all if you don't have a scanner. If not, I have a digital fax on a toll-free number.

You are so very right that a normal lay person couldn't fill out the SF 95 correctly and accurately. I struggled for several months trying to so. My attorney struggled for a couple more. He has expressed an interest and desire to assist other vets, so anything that gets him up to date would benefit most all vets.

The VA was telling me that I don't need to have an attorney. Complete BS! You are right, without an attorney a vet is going to be set up to either fail altogether or settle for far less than they should.

Get back to me on this when you get a chance.

jamesrlarge@hotmail.com

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Your advice is excellant Berta! Sorry if i misunderstood your statement about "we're all advocates" Now i get it. Hopefully i will be some help to others with the info i have and from what i learn in the coming days, months, and years.

i wrote several letters to Michael Moore about veterans issues. Maybe that could be his next movie. But i get the feeling that the subject is not of great interest to the general public. Hopefully that will change with all of the recent news about Walter Reed and the other VA snafu's.

"For those here who suggest to other vets that it is a simple form that we can fill out on our own ( which is what the VA tells us when giving us the form ) is more than likely setting the vet up for denial and yet another long process of appeals and so on"

I tell vets to fill it out themselves and there is a template here I took from my own SF 95 to be used-

I maintain this form is a simple matter-and if they use the wording I suggested it will be OK.

I assume you mean FTCA claims against VA for malpractice.

The Regional COunsel will ask for more details and info-

the hard part is the medical evidence that proves malpractice-not the SF 95

Vets should get a lawyer and an IMO doctor even before they find a lawyer-I agree with you there-

what I see is that many vets are afraid to state the cause of action and get the SF 95 in the mail in time-

I have helped with countless FTCA matters -some here and many off this board -

I had a vet with what appeared to be an excellent case of malpractice.

He wrote to me constantly, and called me about his case but I had to keep reminding him to send in the SF 95 that I had worded for him.

We discussed this within days after the alledged malpractice occurred at the local VAMC. He went to the press and had big stories done about him and the potential malpractice issue.He told me he contacted many lawyers but none would help him. One was my lawyer -who he never contacted at all-

He had 2 years from the day we discussed his claim right after the VA Chapel services.

I sent him the SF 95 within a week.

He called me up very upset last year-

although he could get to a mail box to send me stuff , he said he depended on someone else to mail the SF 95 and regional counsel called him to say they regretted that they got the form too late.I know the regional counsel and he thought I could counsels mind-no way-

You are correct to make the damages high-I say ask for millions-

if they offer to settle and you dont like it you can go to federal court and possibly get more- or get Nada-it is a chance one takes.

The financial damages have to be proven also-

in most cases that is obvious and it is a given-

VA counsel assesses the amount of damage to the veteran's working life, and/or length of expected lifetime-and pays for what the VA has caused to be unable to occur-

The way the SF is filled out can be handled by a vet themselves -

the template here I posted covers it.

There is only one thing that can award FTCA settlements- and that is medical evidence to support the claim.

I suggest getting an IMO for all FTCA claims and a malpractice lawyer too.

Unless they are like my other SF 95 claim-

property damage-

We have vets here who filed out SF 95s themselves and succeeded.

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