Filing Ftca Questions

[gwvet90]

When filing form 95 for FTCA -

1.) Should you include statement of how your life is impacted by your disability, such as - limit of things you can do/miss out on, pain, pain meds, how pain meds affect you, long term effects.. etc...

If so - does this go with line 8 (basis of claim) or 10 (nature & extent of injury)?

Or do you just stick to med facts?

2.) Calculating amount - is there a schedual/table anywhere to help calculate how much you should ask for?

3.) Do you need to re-send all the med recs that are in your c-file or do they get it all from VARO? We have 1151 "at the rater's desk"........ what happens if FTCA filed before decession made? (Don't want to run out of time to file)

[sbrewer]

So if you win the FTCA but not the 1151, they can not offset this by your disability comp either can they?

If this is the case, it would be better for a win under FTCA rather than 1151.

sbrewer

[carlie]

sbrewer

Under FTCA a win is a one time payment.

Under 1151 - a win means monthly payments, sometimes for life.

Berta,

It wasn't really much monetarily compared to what it has put me thru --

one of my main goals was getting the doc's licensed pulled and him out of the va

system in any and every capacity possible.

carlie

[gwvet90]

1.) Are FTCA awards taxed?

2.) If you were awarded 1151 at 100% (or SMC) , but you don't get paid due to FTCA offset - would you still have the other state benefits of 100% ? Or are there even state benefits at 100% w/1151 ?

State benefits I mean - like lower property taxes, car tags, state park pass, etc..

Thanks for all you input.

[gwvet90]

Also - filling out the FTCA -

on 8 & 10 should you use your name & refer to yourself in 3rd person - or just say "I" received improper care "I" suffered addition....

[Berta]

I dont about state benefits-they are different in every state and may not involve Sec 1151 awards at all.

NY has no Sec 1151 state benefit.

Usually FTCA money is not taxed-as far as I know-but the interest on it is-

If it is invested this generates taxable income as interest or capital gain -etc.

I think even some regular checking accounts generate interest,so as soon as it goes into a checking account there is potential interest (earned income)

Best to have a good tax person handle that.

I would state it as "I received improper VA medical care due to etc----and have the resultant disability of ---- due to this VA negligence."

This can be expanded on by attaching additional pages stating where and when the medical errors occurred and where the proof of documented additional disability could be found in the medical records.

[gwvet90]

Do I need to tell them I have a 1151 in process or will they already know?

Or does it make a differance at this point since neither has a decession yet....