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Filing A Tort Claim & 1151 Claim

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Bound4heaven

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Greetings,

I was just told I should file a TORT claim aloing with my 1151 claim due to serious side effects from my unregulated medications perscribed by the VA Medical Center. Is this true? can a veteran file for both?Thank you all. God bless

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Absolutely- I filed both- I will attach the SF 95- the initial step in filing a FTCA claim against the US of A.

Under question # 8 I suggest stating that "The VA did not provide medical care consistent with that of the standard and usual medical community ,and as a result of those medical errors, I have suffered additional disability."

(FTCA and Section 1151 require two things- proof of medical error and proof of additional documented disability)

Under 12 B ask for Millions-I asked for $58,000,000.

(If they negotiate a settlement you wont get even close to that unless you take the next step and go into a federal court)

If they negotiate with you for out of court-check with you state to see if there is any ceiling on this type of settlement and then you know how much you could try to get.

Send this form to the Regional Counsel of the VA that covers your VAMC-ask the 800# people for the address -if they wont give it out or say they dont know it- email me-

HOWEVER -before filing this or any Section 1151 make sure you have copies of all of your VA medical records first.

On FTCA you have two years from the day you were aware of the malpractice to file the claim.

They are rigid on that-

I have a vet who I helped with the SF 95-he is in a nursing home and calls me and sends me mail-

however he somehow depended on a nursing home employee to mail his SF 95- he held it for a year and I had to keep reminding him to mail it-

Regional counsel called him and told him they received it but he had missed the SOL- filing date by two days.

There is nothing he can do-

I filed my SF 95 and Sec 1151 in the same month and then accumulated the evidence they needed.

FTCA settlements are offset to any Sec 1151 comp you could get- something to consider-

FTCA is a lump sum-and is handled initially by the regional VA counsel , then it goes to VA OGC in WAshington.

Sec 1151 is handled by the VARO.

Edited by Berta
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Absolutely- I filed both- I will attach the SF 95- the initial step in filing a FTCA claim against the US of A.

Under question # 8 I suggest stating that "The VA did not provide medical care consistent with that of the standard and usual medical community ,and as a result of those medical errors, I have suffered additional disability."

(FTCA and Section 1151 require two things- proof of medical error and proof of additional documented disability)

Under 12 B ask for Millions-I asked for $58,000,000.

(If they negotiate a settlement you wont get even close to that unless you take the next step and go into a federal court)

If they negotiate with you for out of court-check with you state to see if there is any ceiling on this type of settlement and then you know how much you could try to get.

Send this form to the Regional Counsel of the VA that covers your VAMC-ask the 800# people for the address -if they wont give it out or say they dont know it- email me-

HOWEVER -before filing this or any Section 1151 make sure you have copies of all of your VA medical records first.

On FTCA you have two years from the day you were aware of the malpractice to file the claim.

They are rigid on that-

I have a vet who I helped with the SF 95-he is in a nursing home and calls me and sends me mail-

however he somehow depended on a nursing home employee to mail his SF 95- he held it for a year and I had to keep reminding him to mail it-

Regional counsel called him and told him they received it but he had missed the SOL- filing date by two days.

There is nothing he can do-

I filed my SF 95 and Sec 1151 in the same month and then accumulated the evidence they needed.

FTCA settlements are offset to any Sec 1151 comp you could get- something to consider-

FTCA is a lump sum-and is handled initially by the regional VA counsel , then it goes to VA OGC in WAshington.

Sec 1151 is handled by the VARO.

Dear Berta,

Thank you again for all your wisdom. It has helped me and my family more then mere words can say. I do have another question. Should I get a Attorney? I was talking to one a few months ago, however he seem more concerned about the money then me. Can I do this on my own with out taking up so much time away from my family. I know how many hours I spent getting ready for the meeting with the Medical Center Director and filing the 1151 claim.

Should I file the form 95 first and wait for the VA 's response, or should I file the form 95 and get an attorney? Please forgive me I am ignorant on VA process outside of the norm. I do thank you so much Betra. God bless you.

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I did not have an attorney nor did I have an independent medical opinion.

I knew the specific medical issues inside and out and also knew the VA regs verbatim- that applied to these issues.

It cost me (had to use post office xerox machine in those days)

about $30 in copy fees , about 3 bucks to file the SF 95, and about 50-60 bucks in phone calls to deal with OGC Washington- this all took 3 years but I continued to study cardiology all that time and was able to talk not only to the VA lawyers in Wash but also to their top medical team about the medical evidence.

The disabled vet who VA almost killed around this same time (employed with Rod at same VAMC)-I wrote his 1151 and in three months they awarded 1151 at 100%.

He had no IMO and he-I might have mentioned before-and

with this immediate response as evidence of misdiagnosis- could have been very successful with a FTCA claim-yet he felt he would just blow a lump sum check that would have bee offset to his 1151 monthly comp.

That is something to consider on an FTCA claim-the offset-

however an FTCA claim puts you into the realm of VA lawyers and medical professionals at VA Central in Washington who all have the ability-

to READ! A successful FTCA claimant can negotiate that they would prefer the monthly VA 1151 comp

instead of the lump sum-

if they want-it all depends on many things and it also depends on how high the VA is willing to go to resolve this issue-no one gets rich over 1151 problems-

or FTCA settlements- they do not alter the disability or death that they spring from-that never changes-

And they will offer the low end of the stick at first to see if you will take it.

I told the GC "I know you have a low end and a high end- tell me what the high end is and maybe I will take it-" finally he told me and I refused it and then managed to squeeze out some more-

It depends on how severe the disability is that they caused you-your projected life span- with or without this additional disability and lots of other legal beagle things-

But -as I stated before-see if your state has a cap on these types of settlements and then push them for something close to it.

Berta

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I'm in the same boat, I filed a 1151 claim and was awarded 20%. Had 30% from before + 20 so now I have 50%. Not enough to file for TDIU but yet I lost my job at the PO. So I got SSDI and a disability retirement which is all fine. I asked a local contractor if he would hire me before I got my SSDI and he asked why I left the PO. I said the doctors won't sign my release to return to work. He said he can't hire me either until I have a release. I filed a appeal, my 2yr date is Oct 4, 2006 to file a tort claim which I am going to do if the VA doesn't feel I should get more. My case is all there in black and white and they gave me 20%. My SO feels I shouldn't file a tort claim, he stated I have a chance of losing what I was awarded. to date I haven't recieved any disability retirement either so I'm very frustrated a talking to much..

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Mike- your SO is wrong- just his way of getting out of more work--

I would NOD the 1151 percentage if I were you and also file for TDIU (I will attach the form)

It does not matter what a vet's percentage is to file for TDIU- if your SC disabilities make you unemployable- they have to award -with medical evidence-I got a vet with no VA rating at all TDIU in 3-4 months-

his evidence was excellent.

Your SSA-if this is for the same 1151 and/or SC conditions you have now- that is excellent evidence of unemployability and holds an indeendent medical opinion too if they sent you to a SSA doctor-

On # 18 put Yes and then under # 25 Remarks- state you are adding a separate sheet and list all of your VA meds and tell the VA how their side affects hinder your ability to work-

(their side affects can be found at many web sites and should be in the paperwork that comes with your meds.)

Also I would restate that you get SSA (Yes for # 18 ) and what it is for.

If your SO says you can't do this- give him my emal addy-

TDIU_form.pdf

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