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

[63SIERRA]

you have to file a claim first,, and if they deny your claim, then you can hire an attorney to file suit .... so get ready to get the run around..

[Berta]

I mentioned how I dont know how CHAMPVA would play in.

If CHAMPVA paid anything towards the medical bills, then is VA liable for them?

......meaning one gov agency pays ,so another gov agency might not have to....?.

This question is for a lawyer, for sure and if there is no financial benefit going that way (recoupment of medical expenses that CHAMPVA paid)

the lawyer might come up with something else, loss of possible wages now or in the future, secondary problems due to the fall ,etc etc, and of course, if the VA gave ample ER care, they mitigated some of the damages.

Still it sounds like VA negligence has damaged you.

These days there are plenty of FTCA lawyers on the net, familar with FTCA. Many of them can assess your case, via a contact area on their sites.

Some of them might even suggest to prepare the SF95 for you,

because of the fact that CHAMPVA paid some of the medical bills.

Edited April 9, 2015 by Berta

[TiredVeteran]

Thank you everyone who has replied. If anyone knows of an attorney on the net, please let me know any recommendations. Berta, sadly, yes I am damaged. That is hard to admit. As for care at the VAMC ER, there was none. Did they offer care? I don't remember. I don't remember a block of time from when I felt something grab my cane.............until I saw the midgets. There were no midgets. I know that now. from what I have been told, I must have fell face forward? on the concrete. Someone evidently got a wheelchair for me cause I was in one. I thought maybe my leg or hip was messed up and did not put weight on it while I took Jimmy to his appointments. Taking care of him was a base instinct. Couldn't figure out why my head hurt so bad (it has not stopped), Then the following day when I tried to shampoo my hair, my head was so tender, even my fingers hurt that spot. Have sceduled the CT scan now that I know my insurance will cover it. I really hoped the VA might for once be nice and agree to cover the medical costs. They know more than I know, they have watched the tape. GP, thank you for the advice on the tape being taped over.

Who oversees the safety issues at the VAs? There is always some type of construction going on.

Oh, there is one other person who can load Jimmy into/out of the van and do the wheelchair. I did tried to call him but he was not in the area or he would have came and helped me.

Edited April 9, 2015 by TiredVeteran

[TiredVeteran]

you have to file a claim first,, and if they deny your claim, then you can hire an attorney to file suit .... so get ready to get the run around..

63SIERRA, don't they always give people the run around and then run OVER you like a big truck?

[Berta]

I wonder if you had a TBI from that fall... it sounds like you were unconscious.

One of my favorite attorney's is Bob Walsh..We have done many radio shows here with him but I dont know if he handles FTCA issues for civilians. He is very user friendly.

Robert P. Walsh

Attorney

2 Michigan Avenue West

Suite 301

Battle Creek, Michigan 49017

Telephone (269) 962-9693

Telecopier (269) 962-9592

E-mail: rpwalsh@sbcglobal.net

If he cant help ,there are plenty on the net..he might recommend one.

I didnt use a lawyer so I have no personal experience there.

[TiredVeteran]

Hi Berta! and all! I called that attorney and he is awesome!!!!!!!!!! Going to file under the Freedom of Information Act asap to get all records, tapes. The VA can block the faces on the video and mark out names of any person whose privacy needs protecting. My hope is for a fast, full recovery. Thanks to all of you, I can cover my bases just in case. I think they should release of copy of the video so my treating doctors can see what happened. Also got another piece of evidence mailed today to VARO for Jimmy's effective date. Again, thank all of you!!!!!!!!!!!