Berta

[otey2171]

Berta, the VA has had my ftca claim for 8 months now. The U.S. attorney has asked for 2 extensions for more time to investigate and evaluate my claim. He's telling me that a VA medical center that wasn't involved in my fathers death is reviewing the claim to determine liability. Is it normal for the regional counsel to send a ftca claim to a different VA hospital to determine liability or conduct an peer review? The Va pamphlets that I have read mention nothing about peer reviews being done at differnet VA hospitals.

Edited April 21, 2006 by otey2171

[Berta]

That seems odd to me- but I am not sure- my peer review (which supported my 1151 claim and FTCA claim ) was done here at the same VA by their Chief of Med Staff.

They then claimed it was lost and they couldnt find it and both the Chief of Staff here and Regional counsel, who wanted to settle with me on its bases,both retired-

This 'lost' peer review report -agreeing medically wth my charges could have resolved this claim in months but it took years. Of course when I got a copy of my c file a few years ago, this 'lost' report was right at the bottom of the file.

The VACO Chief Cardiology team reviewed my claims and it was from them that a determination was made that the VA had caused my husband's death for FTCA and 1151 award.

I would say their delays are a good sign-I have seen FTCAs denied right from the git go-before even getting a peer review-

Peer reviews however have drawbacks- the counsel asks some general questions and the answers can often be too general.

The most important peer review question seems to be whether or not the treatment, diagnosis etc- that caused additional disability was treated same as SOP within the standard medical community.

A vet cannot expect better medical treatment from VA than from a private hosp- but can expect the SAME medical care ,diagnosis and treatment as found within private hosps.

Edited April 21, 2006 by Berta