Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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:   


  • 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

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0

Letter From Va General Counsel


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?

Share this post

Link to post
Share on other sites

5 answers to this question

Recommended Posts

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

Share this post

Link to post
Share on other sites


This is just a little bump

in hopes Berta might see this thread

and give a response.

Good luck with the GC.


Share this post

Link to post
Share on other sites

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

Share this post

Link to post
Share on other sites


You're a keeper :)


Share this post

Link to post
Share on other sites

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????

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