Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
AFWIFE

Looking For A Ftca Sample Complaint Or Template

Question

My husband and I are 1) looking for a lawyer to handle a FTCA suit, but in the meantime don't want to lose our six month deadline (after the denied Admin. process) and have to file the initial paperwork ourselves.

:D

Does anyone have a sample or template complaint that can be used as a guide? I heard that a hadit member (Berta?) had a successful filing; is that complaint or lawsuit available online to give us an idea of what the format needs to cover for the fed court?

Any assistance given is greatly appreciated. Thanx and blessings all!

B)

AFWife

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

http://www.usdoj.gov/civil/forms/SF95.pdf

This is the SF 95 form-

there are many lawyers on the net these days handling Malpractice against VA.

Just google malpractice or FTCA lawyers-

Under # 8 briefly describe the malpractice and it's results

Under Property Damage question put not applicable

Under Personal injury /Wrongful death fill as appropriate

Under Witnesses-

I put here the names of the VA doctors who malpracticed

against my husband and referred then to additional pages.

A lawyer might advise filling this form out differently then I did.

Under 12 a, 12, b, 12 c and 12 d-

put the amount of damages (ask for millions) in the appropriate box and then be sure to total it in the last box.

The amount of damages must appear twice.

This is one of the biggest errors that claimants make on these forms.

A OGC VA lawyer told me that.

If the form is not filled out properly they will reject the claim.

I didnt have a lawyer o IMO when I succeeded under FTCA-

I strongly suggest that most FTCA claimants get both-

unless they have time to study the nuances of FTCA law as well as medicine.

My FTCA case was easier to win than the recent AO claim I won- because real VACO doctors and lawyers understood my evidence.

The malpractice was well hidden in the medical records but still it became obvious -the more I studied the med recs.

I overlooked one malpracticed condition-which I proved in my recent AO award.

It was this condition that has recently rendered my husband's death as directly service connected.

That claim took 6 years but the FTCA claim-VA wanted to settle within 3 months.

There are some lawyers who might access your case for free on the net-or give you a referral if they cannot handle it.

Share this post


Link to post
Share on other sites

Ad

forgot to add-

I added additional page to my FTCA claim and referred to it on the main SF 95 page.

I laid out the documented evidence of 6 years of VA malpractice and gave dates of the specific medical records that revealed it.I enclosed the autopsy findings as well and then sent separately copies of the actual medical records showing the malpractice after the Regional Counsel got the case.

Like many malpractice cases, there were initial erroneous diagnoses and these led to the major disabilities and death of my husband.

Also there had been a cover up at an additional VA hospital of the malpractice that occurred here at the Bath VAMC.

Every single medical record has to be carefully read and assessed when a vet or widow/widower files a FTCA claim against the VA.

Share this post


Link to post
Share on other sites

Nice to see you back Berta. Hope you and Daughter are doing well.

Pete

Share this post


Link to post
Share on other sites

Pete-thanks-

our 'vacations' are always exhausting!

To add to this FTCA thread-

the part in # 8 as to the charges-

this part has to be carefully stated as this is what the Office of General Counsel will focus on.

-what disability (ies) did VA malpractice or negligence cause to the veteran and what evidence shows this happened.

There isnt much room there but this can be expanded on with additional page.

The additional disabilities must be at a ratable level with no other etiology but for proven and negligent VA care.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines