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Submitting Form "95" Tort (berta)


Bound4heaven

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Greetings,

I just submitted my 1151 claim and sent in all my medical evidence all IMEs. my doctor's dignosis, and progonisis from all my VA and private doctors. I included this informationm with my main 1151 calim is side effects due to medications which is the main issue with the 1151 and tort.

My question is this. Do I need to submit all this information with my form "95"? or will just filling out the claim to get the ball rolling work? (BERTA). I called the RO like Berta sugessted to get the address to submit a form "95" TORT and I was informed to send it to my VARO. The VARO has my complete file and has all my evidence, or do I not trust that and send it all in again?

I just called my RO today and they informed me that my claims for increase was just rated and sent to the DRO for check off. How long does it take by the time a claim is rated and when it is received by mail? I have never called in the past years and ever been told it is finished and has been rated. Every time I have called I get the, "were still working on it" after a year. Thank you all for your wisdom and advice.

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If it is going back to the DRO-they probably want the DRO and your vet rep (if you have one at the VARO) to sign off and you will hear from them-

I would call 800 every few days or so because it should not take long at all to get the results-

With the SF 95- I would make sure every question is answered- I don't recall attaching anything except the Death certificate and Autopsy to my SF 95-I did state that the veteran's medical records would reveal the instances of malpractice-I followed this all up with evidence within a month- and they also sent me a letter asking for some more stuff. In your case- it might be a good idea to attach copies of the most important IMEs and state with an enclosed letter what you are sending with the SF 95.

I do not trust the VARO to handle this form-unless they gave you the name of Regional Counsel and he/she has an office right in that VARO-possible-but that is usually not the case-

I suggest you call the OGC in Washington-

1-202-273-6660 and ask them specifically where to send it-you might get Neil Richland, an excellent VA lawyer and he is very easy to talk to-I called him two weeks ago for an address for where to send an FTCA claim for an email vet I have-

he remembered me from my Admin Review. Anyone there will tell you where it should be sent within your VISN.

Make sure it is certified or prioirty mail with a tracking slip and make sure you have a copy of it.

AT this point I would make a manila folder specifically for the SF 95 and put into it copies of any IMOs, med entries, copies of med recs- etc- anything they might possibly need.

The most important thing is to get it to them for an acknowledgement that stops the Statute of Limits.

The Statute of Limits starts on the day you became aware of the medical screw up.

That is the date they ask for in Question # 6- the day you knew of the occurence-which must be within the 2 years. The other date at the bottom is the date you are signing the SF 95.

I filed in Dec 1994 over a date in 1988 beginning the malpractice BUT I used the date of the veteran's death as the day I knew malpractice had occurred,and in Dec 1994, 2 months after he died ,I was completely sure they had caused his death.

Edited by Berta (see edit history)
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If it is going back to the DRO-they probably want the DRO and your vet rep (if you have one at the VARO) to sign off and you will hear from them-

I would call 800 every few days or so because it should not take long at all to get the results-

With the SF 95- I would make sure every question is answered- I don't recall attaching anything except the Death certificate and Autopsy to my SF 95-I did state that the veteran's medical records would reveal the instances of malpractice-I followed this all up with evidence within a month- and they also sent me a letter asking for some more stuff. In your case- it might be a good idea to attach copies of the most important IMEs and state with an enclosed letter what you are sending with the SF 95.

I do not trust the VARO to handle this form-unless they gave you the name of Regional Counsel and he/she has an office right in that VARO-possible-but that is usually not the case-

I suggest you call the OGC in Washington-

1-202-273-6660 and ask them specifically where to send it-you might get Neil Richland, an excellent VA lawyer and he is very easy to talk to-I called him two weeks ago for an address for where to send an FTCA claim for an email vet I have-

he remembered me from my Admin Review. Anyone there will tell you where it should be sent within your VISN.

Make sure it is certified or prioirty mail with a tracking slip and make sure you have a copy of it.

AT this point I would make a manila folder specifically for the SF 95 and put into it copies of any IMOs, med entries, copies of med recs- etc- anything they might possibly need.

The most important thing is to get it to them for an acknowledgement that stops the Statute of Limits.

The Statute of Limits starts on the day you became aware of the medical screw up.

That is the date they ask for in Question # 6- the day you knew of the occurence-which must be within the 2 years. The other date at the bottom is the date you are signing the SF 95.

I filed in Dec 1994 over a date in 1988 beginning the malpractice BUT I used the date of the veteran's death as the day I knew malpractice had occurred,and in Dec 1994, 2 months after he died ,I was completely sure they had caused his death.

Dear Berta,

Thank you so much again for all your help. God bless you!

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