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Question For Terry Or Berta


chief 313

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filled form 95 tort claim today on line number 8 can you get a medical opinion latter and file malprtice to general counsel at r/o today? best regards chief 313

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Cheif I sent you a personal message

otey2171, thanks for quick reply , send form with explaination will add imo latter. best regards cheif 313

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Guest fla_viking

Dear Veteran

Im not sure what your queston is, But I read something about a medical opnion being submitted latter. Leagally you can however the pratice of the VA and maybe the federal court is to prematurely throw claims out. They do this due to lack of medical evidence. The medical evidence they are indirectly asking for is a medical examinaton. This puts you in a catch 22. They demand a medical opnion but due to the fact the claim was prematurly thrown out they wont give you an examinaton. I would get your claim ready as if it was gong to court tommrow. Have everythng before them so they cant close you down and then refuse you the hoops you are required to jump through.

I think also having a medical opnion before a judge other then your own legal briefs will allow the judge to read and opnion about your case other than from the claimant. The courts get allot of crazy cases and yours will look allot like the others unless you have actual evedence before the court.

Terry Higgins

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The Statute of Limits is up two years after your knowledge of the malpractice-on tort claims.

FTCAs must be filed before that 2 year period is up-

I know Otey answered this well for you-

Send the SF 95 to Regional Counsel who has jurisdiction over your VAMC and a copy to General Counsel in Washington DC.

The IMO can be sent in later.

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PS Chief- when you state the basis of the tort claim on the SF 95 it is good idea to state that the medical treatment you received from VA did not conform to standards of the usual medical community.

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