Heard From Va General Counsel

[Berta]

The VA calls one of my claims the Bonny claim (re: Bonny V Principi)

It is a legal issue and not a claims matter-but it regards retro benefits.

I have waited for over three years for them up there at the RO to send it to the OGC-it cannot be decided at the RO.

I got so disgusted when they mixed it up with something else last month- in their letter to me- that I sent it to General Counsel myself. why not- they have 5 other claims of mine they are farting around with-as the years go by -

so why not----

well General Counsel just informed that my claim is within their jurisdiction.

Duh- the VARO should have realized that years ago-it is not RO jurisdiction

OGC will either render a denial

or a Precedential opinion and that is what I want.

Waiting three years and I have to do the VAROs work again- I am getting sick and tired of that-

The Pres op -if it happens- would benefit all surviving spouses of 1151s prior to Bonny V Principi and not just me.

I assure you all I will go toe to toe with VA Gen Counsel in Washington on this if I have to.

That is how VA regs and laws can sometimes be changed.By taking a Firm stand.

Berta

Edited March 31, 2006 by Berta

[otey2171]

Berta, will i be notified if my ftca claim is transfered to the general counsel?

[Berta]

I HOPE so---

After Regional Counsel here had retired and given the VARO a complete medical report that agreed with my malpractice charges- the VA said they never got it-

7 years later this report I tried to get for 3 years-that they said NEVER existed- was at the bottom of my C file!

The VARO had proof from Medical official of my charges within months after I filed my claims-

but they hide it- and conveniently lost the autopsy 5-6 times.

I filed an Administrative Review with VACO at the same time-on 2 claims because I was fed up at the RO's incompetence.

Dont remember how I actually got to OGC in WAshington with this-

maybe the VACO review did it because their lawyers handled that too.OGC is at VACO too.

I feel you should send copies of the SF 95 to the OGC in Washington-certified or Priority with tracking slip-

make sure they are aware of it all-

add a cover letter stating that you believe the VARO sent them the SF 95 already but you are just anticipating that they didn't.

Try to get a lawyer down there to talk to you on the phone.

Then use that lawyer as your OGC-VARO contact.

Look over the c file real good. There might be more in it then you think after filing these charges.

Look for any Peer assessment Report or Incident Report.

and get a copy-

You might as well contact them now anyhow- If your FTCA succeeds ,they will be contacting you from Wash- most surely-you can get a feel from these attorneys-because you will have to PLAY "cat and mouse" as one VA attorney said we were doing-at one point. You will also have to be firm with them on the settlement.

They are great people down there- very easy to talk to-very SMART.

Tell Neal and Tim I said Hi if you want - Neal is very comical!

Berta

Office of General Counsel VA:

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Welcome to the OGC

Mission Statement:

The mission of the Office of General Counsel (OGC) is to identify and meet the legal needs of the Department of Veterans Affairs (VA). Its primary objective is to ensure the just and faithful execution of the laws, regulations and policies that the Secretary has responsibility for administering, and by so doing enable the Department to accomplish its mission of service to our Nation's veterans.

General Counsel: Tim McClain

Deputy General Counsel: John (Jack) Thompson

The General Counsel of the Department of Veterans Affairs issues written legal opinions having precedential effect in adjudications and appeals involving veterans' benefits under laws administered by VA. The General Counsel's interpretations on legal matters, contained in such opinions, are conclusive as to all VA officials and employees not only in the matter at issue but also in future adjudications and appeals, in the absence of a change in controlling statute or regulation, Court decision, or a superseding written legal opinion of the General Counsel.

VA provides these opinions in order to give the public notice of those interpretations of the General Counsel that must be followed in future benefit matters and to assist veterans' benefit claimants and their representatives in the prosecution of benefit claim.

Tim S. McClain- General Counsel VA

General Counsel can be contacted at (202) 273 - 6660