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

I Need An Attorney!


3 answers to this question

Recommended Posts


"What do I do if I can't find an Attorney to take my case? I filed an SF 95." You can persue the case yourself.

After 20 NY lawyers would not take my case (or even look at the evidence) I did it myself.

In those days lawyers could not advertise their specialty so I could not find any lawyers with malpractice experience.This was pre- internet too.

These days things are different.Try the lawyers at the link from John and also-if they cant help you-they will possibly refer you to someone who can -also Google malpractice lawyers on the net.

The BEST thing you can have is an IMO for these types of claims. I didnt have an IMO for my 1151/FTCA claims- but now I realize that a strong IMO of negligence would have caused any lawyer to take the case or refer me to someone who could handle it.

Negligence and malpractice has a paper trail.It is not easy to find.

But it is documented in medical records. It could hinge on the wrong diagnosis or lack of diagnosis and or improper medications or lack of appropriate meds.Lots of things can begin as scenario of negligence.

A FTCA case or 1151 claim also requires a documented disability directly due to the malpractice.

This is where the money comes in as damages.This is where a strong IMO is imperative.

With documented proof of a disability that negligence has caused and then with documentation from the clinical records of how the negligence occured, any good IMO doctor and/or lawyer would readily see the potential for FTCA-if the case is worth enough money.

I hope you got all of your clinical records from VA before the SF 95 was filed.

The regional counsel up here in NY wanted to begin negotiations for a settlement within 3-4 months after he got my SF 95.

He had already had a Peer Review done which supported my charges.He took the Peer Review report over to the VARO (in those days the RO was a block away from the RC) for my Section 1151 claim.

Then he retired, as well as the Peer Review doctor who no longer had access to his VA computer which help copy of this report.

The report suddenly 'disappeared'. The RC retired and the doctor who did the report retired too.VA told me the report never existed at all.

My FTCA took 3 more years and was settled with Office of General Counsel in DC.

When I re opened my claim in 2003 (under direct SC death) I asked for copy of my C file and the none existent Peer Review Report was right at the bottom of the stack.I can see why the RC wanted to settle fast. It was awful and completely supported malpractice.

I am telling you all this so you can expect that VA will go as low as they can go (I also have some horrendous SSOCs on the 1151 claim stating absurd and hurtful reasons that they claimed my husband died. (ALL lies as supported by my evidence)

so this too is one good reason to get a lawyer so they do not remove, ignore or lose your evidence.I dont think they would have pulled on a lawyer what they tried to pull on me -such as the so called non existent Peer Review report.

My re-opened claim in 2003 regarded additional malpractice I had discovered. I could not FTCA or 1151 them again and the evidence supported direct SC death due to a malpracticed Agent Orange condition.

This time I spent $4,000 for 2 separate IMOs and had a freeby from former VA doctor, and won that case at the BVA.The VARO did not consider any of my evidence for 6 years,and did not send me a legal VCAA letter. I feel that the prior FTCA/1151 award caused them to ignore the new claim and deny without attempting to consider anything I sent them (to include 3 IMOS).

You need a strong IMO that reveals the malpractice with direct references to the evidence.

That is how I won my 1151/ FTCA claims-

I am not a doctor but I took them step by step through the documented medical proof of negligence , by clinical reports, blood work, EKGs and ECHO, MRI results etc. and they finally had no way out.

Edited by Berta

Share this post

Link to post
Share on other sites

Sorry-I think IO rattled off al this to you in a prior post-

I need to add one thing.

You can file FTCA and Section 1151 claims.

There is a monetary offset if you succeed in both claims however and this and much more is explained in all of the info here in the FTCA forum.

The OGC did offset a portion of my FTCA award against my DIC.For over a decade I didnt get a DIC check (they made an error there and took out too much offset but that was resolved).

They can only offset the 1151 comp and not any SC compensation you get for any SC disabilities.

However if you can prove both direct SC and 1151 SC for the same disability, they cannot offset anything.

But this is a highly unusual scenario.SC and also 1151 award for same disabilty or death.

It is the main reason the VA took almost a year to refund my FTCA offset to me when I won my last AO death claim.

The RC tried to say I was wrong, the VARO tried to, even the OGC tried to get me to believe I was wrong= so I kept sending them VA case law that said I was right and after a few letters and phone calls to them,I received a nice letter one of the OGC lawyers also sent to the VARO -spelling out the same VA case law I had argued my point with , and I got my offset money.

I wonder how many vets and widows they tell the wrong thing too- regarding FTCA matters.To save money that is not theirs to keep.

I never buy what they are selling -unless I like what I hear and the regs support what I believe.

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