Fell At The Vamc, Now Told To File With Varo? I Am Not A Veteran.

[TiredVeteran]

Sorry if this is the wrong forum. I am the wife of a veteran. Took my husband to the VA for his appointment, parked the van, and had a bad fall going in the door due to construction materials lying around. I can't remember much of that fall. First thing I recall was a midget trying to get me up. ok, it was not a midget, it was me being addled. The incident was on tape, the VA reviewed it and sent me what appears to be a tort claim or 1151, I get those confused. VA refused any help in paying my medical bills.

WHY are they always so adverserial? Have to make sure this doesn't impact my husband more than necessary, he sure doesn't need the stress. Also, how do I get their records on what happened that day? The letter states I do not need an attorney. I do need someone to help me with this though. I thought the Regional Offices were for veterans? If they are going to force me to go through

some type process, how do I get their tape protected from being erased?

Sorry to ask you all for help, but really don't know who to ask?

Debbie

[carlie]

Sorry if this is the wrong forum. I am the wife of a veteran. Took my husband to the VA for his appointment, parked the van, and had a bad fall going in the door due to construction materials lying around. I can't remember much of that fall. First thing I recall was a midget trying to get me up. ok, it was not a midget, it was me being addled. The incident was on tape, the VA reviewed it and sent me what appears to be a tort claim or 1151, I get those confused. VA refused any help in paying my medical bills.

WHY are they always so adverserial? Have to make sure this doesn't impact my husband more than necessary, he sure doesn't need the stress. Also, how do I get their records on what happened that day? The letter states I do not need an attorney. I do need someone to help me with this though. I thought the Regional Offices were for veterans? If they are going to force me to go through

some type process, how do I get their tape protected from being erased?

Sorry to ask you all for help, but really don't know who to ask?

Debbie

I do not see that this would fall under either on - 1151 or a tort claim.

It would be a slip and fall on goobermint property, due to construction materials.

If I were going to make a claim I personally would speak with a lawyer - asap.

jmho

[Berta]

I disagree Carlie, because a non veteran woman who was the libraian at out local VA slipped on a piece of pie that maintenance had not cleaned up in the hallway near the VA library room.It had slipped off the food service cart.

She got a lawyer and won....the problem was she could not seem to tell me whether this was a FTCA settlement of 1151award.

The VA ER said she had strained her ankle and should put ice on it and come back to work in 3 days (like they told me husband when he had a heart attack at this VAMC as employee)

Three days later she could hardly walk, went to private hospital and found out her ankle was competely broken..

I believe the SF 95 covers when a civilian gets hurt due to a situation like this.

I am not sure if 1151 is appropriate.

I will try to find out.......

"The incident was on tape, the VA reviewed it and sent me what appears to be a tort claim or 1151, I get those confused. VA refused any help in paying my medical bills."

Can you tell us exactly what they sent to you?

Can you scan and attach here anything they sent to you? Cover uyour name, address etc.

When did this happen?

[TiredVeteran]

Carlie,

Thank you. I looked at the form and it is a form 95. Going to pick up some new evidence today for Jimmy's claim and send it to VARO. Taking care of him is my main focus. Contributing in any way to the backlog at VARO for me seems wrong.

Debbie

[Buck52]

Do you get ChampVA?...> Beings your husband is a disable veteran?

they can help you pay medical bills.

jmo

Buck

[Berta]

http://www.justice.gov/sites/default/files/civil/legacy/2011/11/01/SF-95.pdf

Yes the SF95 form is what you need.

This is for anyone injured at a VA facility.They do not have to be a veteran or a VA patient.

I have given lots of advise here on how to fill out this form , in the FTCA and 1151 forums.

General Counsel told me the biggest mistakes they see is that the three damage amount boxes are not filled out properly and are not properly totaled.

That error ,plus if they can argue the Statute of Limits, will cause these claims to be denied right away.

You were probably advised to send the sf 95 to regional Counsel , and not to the OGC in DC?

After my personal experience under FTCA, I suggest sending th SF95 to both entities.And get proof of mailing anything yiou send them.

[TiredVeteran]

Berta,

Wow you type fast! Thank you. The form is a form 95. They said to send it to VARO. The fall happened a few days ago. I tried first to work with them and had to wait on a NO, which came on Good Friday. The letter came today. Found out yesterday that my medical insurance will cover the tests ordered by the doctor and getting those set up. I thought my insurance would not cover my medical since it happened at the VA. But. when I told them the VA's response, they agreed to cover me. thank goodness. I am scared they will erase the tape. It would be nice for me to see exactly how I landed to make sense of some of this. Thank goodness it was not the veteran coming in behind me. I don't think he would have survived a hard fall.