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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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Berta

Ftca Denials- What's Next

Question

The VA often makes an explicit or constructive denial on any SF 95 case. ( 28 USCS 2675 (a))

If the claimant has not acquired a lawyer at this point they must continue to seek one.

If they have a favorable IMO that supports negligence or malpractice, most lawyers will be interested in the case (unless the resulting disabilities are minor)

The claimant has 6 months in which to file the case in a Federal District Court.

They should call or email the district courts in their state (all have web sites) to see which one holds jurisdiction over their FTCA case against VA and then purchase the court's Rules of Procedure.

I paid between 200-300 dollars for this packet here in NY Syracuse DC when I sued someone there.

I also requested their Prisoner's packet. That had some info which helped me file and present my case.

Almost all prisons have law libraries and many prisoners file Pro Se complaints in the federal court.It is everyone's right.

The format of the complaint MUST adhere to the specific Rules of the District Court that will hold jurisdiction over the case.

.The "service" requirements might differ from state to state as well as the state's legal definition of "negligence".

Some state DCs allow service by mail by the plaintiff and others probably still require a US Marshall or deputy to make formal service on the defendant.The fee for that is found within the DCs Rules packet.

Service MUST comply with the Rules of the District Court.

I sued an individual and made service myself directly at his place of employment.

A plaintiff at this point should still continue to seek a FTCA lawyer.

Otherwise they must comply with all documents from the court and appear at all scheduled judicial conferences, etc.which often can be done via conference calls.

They will receive the courts schedules and must begin to prepare adequate depositions.

In my case the opposing lawyer deposed me first and then I deposed his client a few weeks later.

The transcript of all that cost me maybe 100 bucks or more.

But All of this is what lawyers do.

I do NOT advise going Pro se into a federal court unless you have a legal background and/or can fully comply with the rules of the court. If you are intimidated by judges and lawyers it is not the place to be all by yourself.

If you do NOT have the medical evidence you need your case will fail.

FTCA lawyers can be attained sometimes by calling the local bar association in your state for lawyers with FTCA experience.

We have the right to file a denied FTCA case ourself in the proper district court.

It is important to know that all Americans have that right if they have exhausted administrative remedy-regardless of the situation.

The best case scenario however is to obtain a lawyer ASAP when filing a FTCA case.But a strong IMO will be needed whether one hires a lawyer or goes pro se into the federal court.

Edited by Berta

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