Ftca & 1151

[gwvet90]

I called RO check status & they said 1151 was in suspention & c-file had been sent to Regional Council - they had jurisdiction....

Called R/C - (they were very nice) -said they get the file back to RO usually in a week.

1.) Once RO gets c-file back - will they proceed on the 1151? Or do they keep it suspended pending outcome of FTCA? (Our RO & RC are in different states)

[Berta]

RC will usually proceed with the claim-

there are steps they have to take- first to see if they hold jurisdiction, then to see if there is a sovereignty immunity problem and then see if there is basis for the claim.

All of above doesn't take too long-

If VA docs are involved -they (VA RC) hold jurisdiction 99% of time-

Sovereign immunity-usually not a problematic issue-

basis for claim-this takes the longest and depends on many factors-

what does the medical evidence reveal and what disabling affects did this have to the claimant?

then -in some cases- Regional Counsel might start offering a settlement-

RC operates differently than the RO does with a Section 1151-

As you might recall-

RC wanted to start negotiations with me within months after hey got my FTCA claim.

Once I understood most of the med recs I presented counsel with a Prime Facie case, and called the RC to

get a feel of what I was dealing with.

It was no surprise to me when RC called me to begin negotiations shortly after that.

The Lawyers at the VA are the best of the best in my opinion-

I bet they could all make big bucks in private practice but they are some of many VA employees who truly know what they are doing.

They sure are nice here in NY too and even in VA in DC.

It will take time-

I hope you dont go through what I did-

after John called me to say he would begin negatiateion he also said he would walk over to the VARO with the medical report the VA provided, supporting the malpractice claim and get my Sec 1151 claim squared away.I was his last case , as regional counsel for VA, before his retirement date.

After he did that the VARO 'lost' the report, John (RC) retired, the Chief of Staff who prepared the report was canned and sued VA and got his job back, then retired instead.

My FTCA then took years longer as it went to DC (the VARO withheld much critical evidence at this point and I only found this out by contacting the VACO medical team-I thought they had the whole c file and med recs but much was missing-)and then over 3 years later I was awarded the Sec 1151.

GC settled wih me in July I think and forwarded all this info to the VARO for my DIC.

VARO denied the DIC claim again.

I called GC in DC and they called the VARO and finally got this all squared away.

You can see that these are stall tactics----not at the RC or GC level-but only at the VARO level.

These VARO tactics caused my FTCA- to be initially awarded in months- to take over 3 years.

The DAV as my POA had no input into the FTCA of course-but yet stood by and watched as the VARO

denied me numerous times under Sec 1151, without regard for the fact that so much evidence was missing.

All of the "lost" stuff -the most critical evidence I had -showed up-in my c file- when I asked for a copy of it 2 years ago.

My long rendition here has this point- these claims usually dont go through this type of rigamorale-

but do not trust the VARO to supply your medical evidence to Regional or to General Counsel.

Best to do that yourself.

I have another FTCA filed now and have been in good contact with the RC already on it.

The RC questioned the tort basis as they never got a tort like mine before.

I just sent him ,last week,a Fed Circuit opinion that supports my tort basis.

And a copy of a recent Iris Inquiry response I got from VA-

That completely supports my tort too!

Edited January 1, 2007 by Berta

[gwvet90]

Thank you Berta,

So I should send all the VAMC records as well as private?

RC got the whole c-file - are they only concerned with the claimed issue, or do they look at all the other S/C claims, treatments, SOC, letters back & forth....... Or do they just look at the 1151 issue

I hope we don't have to go thru what you did either ! One big thing I learned here at hadit - get the records before filing.....

So RC can get the 1151 approved?

[Berta]

The RC doesn't really get the 1151 claim approved but their documented findings will support the Sec 1151.I think the only reason VA counsel took a report to the VARO for my DIC is because it was just down the block from him. He also wanted to establish my DIC because they had to determine an offset.RC really does not have anything at all to do with VA benefit claims.

I sent the VARO copy of my settlement papers in support of my 1151 claim.They ignored this.

But the RC will have a report after their investigation (had to get this under FOIA laws) that states whether the FTCA was awarded and exactly why.( this was a chilling report in my husband's case- I didnt get it for many years after the claims were awarded.)

When the RO finally awarded my DIC ,they quoted this report as basis for the award.

Counsel will not look at any other claimed issues-they just focus on the federal tort.

I would call them and ask the lawyer who is handling your tort claim for VA exactly what they need.

They will have full access to the medical records but it pays to send them highlighted copies if needed and also copy of any private records-if they need them. If they know you have IMOs that support the FTCA, good idea to let them know and send them copies.

Edited January 1, 2007 by Berta