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Requesting Advice in filing a Federal Tort Claim against the VA



I had an operation done on my Right Foot in Feb. 2017 for a service-connected injury.  There were some complications from the surgery and I almost had one of my toes amputated due to the surgery. I then contacted an attorney who is interested in my case.  My question is, can I still file regular claims if I have a Federal Tort Claim in process or do I have to wait until the Tort Claim is settled?   Will filing a Tort Claim affect my VA percentage of 90%?  If I am still under the care of the same Doctors mentioned in the claim, will the doctors be notified ? or will I be assigned, different doctors? I appreciate any advice.  Thank You

Edited by wilspeak
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Good Luck with this one

I had surgery done on my hand/fingers  due to Du-prey contraction.

I have no streght or grip in that hand now and it clicks for some reason &just driving  putting that hand on the steering wheel make sit ache and the Dr's don't know why..but I feel I am only wasting  my time with a tort claim. 

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I have put a lot of info on VA malpractice (FTCA/1151 ) issues in the FTCA forum.

I won wrongful death FTCA  and Section 1151 DIC widows benefits.

The key to these claims is proving that VA medical care itself caused you to incur additional disability or death.

Does your attorney specialize in tort claims?  Does he also have 1151 experience?


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Just to add...almost a toe amputation is not malpractice. There is a lot to proving VA negligence.

The cause of action on the SF95 has to be clearly stated. My template for that should be here.

You must prove ,by documented Medical evidence that VA did not provide care comparable with the 
"standard and usual medial community"-a legal term I used and focused on for all of my successful 1151/FTCA Issues and then were important to my AO DIC due to DMII, and also misdiagnosed HBP and stroke, etc etc etc.tyo include AO IHD Nehmer award

If negligence or malpractice occurred, to the point of a ratable disability solely due to it, the evidence will be found within your VA medical records. It could be well hidden but if it happened  it will be there. If you read my posts on FTCA I proved one VAMC malpracticed and then another VAMC covered it up----and continued it...that is they Tried to over it up....they did Not succeed.

I know how to read medical records. That is best done however by an IMO/IME doctor with expertise in the field of the disability caused by negligence.

I am sure there is more o your situation if you have a lawyer interested in it. about 15-20 NY lawyers here told me I could Never succeed, Piss on them, I did all the legal and medical work myself and those lawyers lost mega bucks.:rolleyes:





Edited by Berta
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Hello Ms. Berta , yes I do have an Attorney. They handle VA and Military Medical Malpractice cases.  My Toe that has had complications from a surgery was scheduled to be amputated, but the doctors changed their plans. The Attorney still wants to open a Tort Claim. I am just looking into ALL my options like  I read this >>>  "  Moreover, if VA treatment for a service-connected condition makes an already service-connected disability worse or creates a new disability secondary to the service-connected condition, the Veteran may apply for an increase in service-connected disability benefits or claim secondary service-connection without relying on Section 1151 "    >>>>    , What do you think ?

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Yes, that is correct advice.

My experience when I discovered the initial malpractice, was that it accumulated into More malpractice.

6 years of it. The link has correct info.

The benefit of 1151 is this..if the veteran dies of a non SC condition, and the 1151 issue via the Death Certificate and/or autopsy, and the coroner or  ME  lists the malpracticed condition under # 2 as a contributing factor to death, the spouse should file both DIC for direct SC as well as for 1151 death.

The spouse however might be in the situation I was. My husband filed the 1151 claim. He made me promise to go after them if they killed him so I opened an accrued claim under Section 1151.

I won the FTCA case before the VA would award the 1151 (and even with the evidence they had from OGC)they denied again, but I raised hell and they then awarded within months.

I have 2 subsequent awards for DIC under Direct SC, and one more under 1151 I got in 2015.

Good luck. I know there is more to this than you have posted.I liked dealing with the VA Office of General Counsel, in DC  directly.

That is where next to the BVA there sharpest VA brains are. They know 38 USC in and out. And I talked a bit  with the USA attorney about lots of claims stuff. They are brilliant.


They can read.




Edited by Berta
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