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

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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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littlejuniata

Letter From Va General Counsel

Question

States six months have passed, we have not completed reconsieration

I thought if you were over 75 you got first service??

The state I can file suit or wait (their favorite)

What sould I do?

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5 answers to this question

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Always happy to see you post littlejuniata. If you don't have a lawyer you need one. If you have a lawyer you should encourage him to make your claim a priority.

Good Luck

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This is just a little bump

in hopes Berta might see this thread

and give a response.

Good luck with the GC.

carlie

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Once the General Counsel has "explicitly" or "constructively" denied any FTCA claim, the claimant has 6 months in which to file suit against VA in a federal court.

"The state I can file suit or wait (their favorite)"

I think I also got a letter like this from the OGC- as my FTCA took 3 years to award.

I wanted it to remain at the General COunsel's office as long as I could and I continued to present evidence throughout the 3 year period.

If they have given you this choice, you can file in Federal COurt or still pursue the claim at the VA level.

It is hard to know what is best to do here.

I will try to find my FTCA files and see if in fact they asked for more time and I gave it to them.

If you dont have a lawyer have you attempted any one to one contact with the VA lawyer who is handling your SF 95?

FTCA cases are much different from VA claims- are you sure at this point they have considered all of your evidence?

Did you obtain an independent medical opinion?

Have you considered getting a lawyer for this?

Did you file a Section 1151 claim when you filed this tort claim? What is the status of the 1151 claim?

I recommend anyone with FTCA matter to get a lawyer as well as an independent medical opinion to support FTCAs.

The FTCA regs are within 38 CFR 14.501 and 38 CFR 14.600-605.

Edited by Berta

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Berta,

You're a keeper :)

carlie

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Carlie- SO ARE YOU!!!!!!

I hope I understand this post right-

it depends on how they worded this letter-littlejuanita -can you scan or post the exact way the OGC said this?

as to choice to file in federal court or to "wait" -I am curious exactly what they meant by 'wait'but they possibly asked for an extension from you????

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