Help Finding A Post

[rogus]

I am having difficulty finding a post on this website about using Title 18 aginst the VA. It was a reply to someone's quetion about suing the VA but am unable to find it using the search function on this site.

Does anyone remember seeing it?

[EODMOMMY]

I am having difficulty finding a post on this website about using Title 18 aginst the VA. It was a reply to someone's quetion about suing the VA but am unable to find it using the search function on this site.

Does anyone remember seeing it?

I don't remember seeing one for Title 18. Maybe you are thinking of Title 38.

Title 18 has to do with Crimes and Ciminal Procedures

Title 38 has to do with Veteran's Benefits.

But I could be wrong. I am new to the board. Berta!!!

[Berta]

I brought action against VA under FTCA for wrongful death. The controlling regs for that are within Title 28,Sec 1346.

I never read those regs.

FTCA claims involve the initial filing of the attached SF 95- it is a claim for damages against the US of A.

The SF 95 must be filed with Regional or General Counsel within two years after learning of the malpractice.

If the Review of the SF 95 charges fail to provide the claimant with a settlement they are happy with, they can sue in federal court.

A vet can file both a Sec 1151 and a SF 95 claim at the same time- with no time limit on the 1151.

The claimant must prove medical negligence and also resulting disability or death due to the VA's negligence.

It was easier for me to succeed under FTCA than under any other type of VA claim I have ever had.

I had to go round and round with them in Wash- dont get me wrong- but these were top notch doctors and lawyers and they not only understood the evidence but knew I was determined to get it right.

It was 100 times easier to deal with them at VACO then the RO.

Recently -after waiting three years for the VA to send one of my claims to counsel (it involves a legal issue)

I sent it to General Counsel myself. In three weeks they wrote that they have jurisdiction and will answer this legal question for me.

I am hoping for a pres op- that will affect a few other claimants in my same situation-and furure claimanats similiarly situated.

It shows what I mean- the VARO told me this issue was in appeals -I jumped all over them on that one-they never decided it-they cant-

I wait three years for the VARO to be able to read the claim and refer to counsel and then it takes OGC in Washington only 3 weeks and they get it.

Here is the SF 95

SF_95.pdf