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Berta

Tip For Ftcaers

Question

Fortunately there are not many queries in this topic.

I highly recommend getting an IMO and a lawyer for any FTCA case.

But I also recommend not depending on the VA Regional office to send to the General Counsel (or in some cases the Regional Counsel) the entire VA medical record files.( or even to your lawyer)

I was able to find out that my RO had failed to send the OGC the most probative document they had from me- to prove my case so I sent that directly to the VA Medical Team in VA Central -who were quite angry to have started to make an initial erroneous medical determination that was completely wrong - without having this document holding significant information.

When I prepared my AO DMII claim in 2003 I requested the medical records again and also found another highly significant medical record showed up that I had never seen before- and the General Counsel doctor's had never assessed.I can tell from their final medical review that they were completely unaware of this med rec too.This med rec showed up after I succeeded in the FTCA case and then had reopened for AO DMII.

It is now highly significant for my present IHD claim.

My point is this-

the VA will deliberately remove or 'misplace' pertinent medical records and documents from your med rec file when they have to send the files to the General or Regional Counsel for FTCA purposes.Maybe not in every case but,in my case, it appeared to have been a deliberate decision to withhold this information from numerous Peer Reviewers as well as even a C & P doctor.

It was my most probative evidence of malpractice and I had 12 priority proof of mailing slips of it sent to the VA-and never acknowledged.( I found it in the C file however when I made the 2003 request and the FTCA matter was resolved.)

If you never requested the med recs before -DONT tell them it is a records request for potential 1151 or FTCA case.

If you have filed a SF 95-then you know what med recs are the most significant to the case.

I advise you to send copies of all of these records directly to the General Counsel or Regional Counsel yourself-

as well as to your IMO doctor and your FTCA lawyer.

I had the same experience when I was at the BVA for my last claim.

I sent my evidence directly to the BVA and the BVA stated some of the evidence the RO had ignored, yet had received multiple times.

BVA read it all and awarded.

I know how miserable it is to have to re -copy and send stuff to the VA-that they should already have.

But I am glad I determined what they pulled from the med rec and C file and sent it all in again-directly to who needed it.

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