FTCA SF 95 Pro Se...

[maine1963]

I have been granted 60% additional disability rating (not to worry, I was already at 100% prior to filing the 1151 claim). I am now about to file the SF 95 along with evidence... I am SO confused as to where to physically mail the SF 95 and evidence! 

Treated at Togus VAMC. Live in Maine...

 

Thanks, 

G

[Berta]

I sure hope you have gone over the FTCA info here very carefully-

You need to file the SF 95 with the District Counsel ( aka regional counsel) in your area.

Check your VAMC on the VA main page to find out what distrit you are in and they should have district counsel contact info there as well.

I filed mine with both-I do not advise going Pro Se- I did and won but I had a legal background.

Be careful on the last 3 part question-regarding the damage amount you seek- if you read the FTCA  info here you will see why.

After I settled the OGC lawyer and I talked about many VA things and he gave me some pointers on the SF 95-

mine was perfect but others have made critical errors that can cause an immediate denial.

In the part to list witnesses( this is usually needed for accident claims like if the VA van or bus hit you on VA property and you had resulting injuries-I put there the names of all the  VAMC doctors from 2 VAMCs,who had misdiagnosed, mistreated and damaged my husband, and who caused his untimely death.

Make sure the doctors you cite in the case actually work for the VA.

Many of them are contracted out to VA and are NOT VA employees , therefore no liability under FTCA and Section 1151.You would have to sue them in a federal district court.

 

 

Edited February 1, 2019 by Berta

[maine1963]

15 minutes ago, Berta said:

I sure hope you have gone over the FTCA info here very carefully-

*Absolutely! I have spent the last two months reviewing and reading about the SF95 and Tort Claims...

You need to file the SF 95 with the District Counsel ( aka regional counsel) in your area.

*The Regional Counsel telephone number (the district listed is North Atlantic District in GA. The telephone number listed for them on the VA Site is not the proper phone number. I called to verify mailing info.

Check your VAMC on the VA main page to find out what distrit you are in and they should have district counsel contact info there as well.

*See above

I filed mine with both-I do not advise going Pro Se- I did and won but I had a legal background.

I filed my own 1151 Claim and received all three claims / awarded 60%. I am confident of my ability to bring this tort claim forward

Be careful on the last 3 part question-regarding the damage amount you seek- if you read the FTCA  info here you will see why.

*Absolutely understand the damage section and amounts.

After I settled the OGC lawyer and I talked about many VA things and he gave me some pointers on the SF 95-

mine was perfect but others have made critical errors that can cause an immediate denial.

In the part to list witnesses( this is usually needed for accident claims like if the VA van or bus hit you on VA property and you had resulting injuries-I put there the names of all the  VAMC doctors from 2 VAMCs,who had misdiagnosed, mistreated and damaged my husband, and who caused his untimely death.

*Yes ALL Doctors are listed that treated me at the VAMC

Make sure the doctors you cite in the case actually work for the VA.

*Yes all doctors work for the VA

Many of them are contracted out to VA and are NOT VA employees , therefore no liability under FTCA and Section 1151.You would have to sue them in a federal district court. 

**How do I find the number for the District or Regional OGC?? I have searched to no avail! The number on the VA Website is not accurate

 

 

15 minutes ago, Berta said:

 

 

 

[Berta]

Great!

[maine1963]

57 minutes ago, Berta said:

Great!

Berta, do I only submit pertinent VA medical files? Or is there the need for all 6,200 pages (entire VAMC file). And if they may need the ENTIRE record, can I give it to them on a CD? You are such a wealth of knowledge when it comes to these claims - from all of us facing 1151, tort or other claims I thank you !!

[Berta]

When you or your lawyer fills out # 8 on the SF95 here:

https://www.va.gov/OGC/docs/SF-95.pdf

you will need to submit those documents that support your charges.

I only sent to them a minimal amount of documents- Pre employment physical done by VA, ER certificate, EKG, ECHO, MRI, etc etc and copies of any entries made in the medical records that supported those charges.

My RO had two claims pending from my husband when he died, and they had his complete VA medical records.

As you can tell from my posts on my pe4rsonal experience with FTCA, the VA regional counsel ordered a Peer Review and that doctor, a cardiologist , went over I aqssume everything in the file, ad the counsel wante4 to settlement with me in 5 months after receipt of my SF 95.

What happened next was not only bizarre but proof of how the VARO will lie and deliberately withhold as much evece as they can on FTCA issues.

It would not have happened if I had a lawyer, but 20 lawyers in NY told me I did not have a case, would never succeed, etc etc, and IMOs docs could not advertise in those days,  

so I did the legal and medical work myself .I do not advise going Pro se on FTCA at all- but others have like me, and their evidence is what made them succeed.

I studied as much cardiology as I could as well as neurology, and without google I had to spend time in medical librarie to understanmd all of the acronyms, blood chem results, the results of the autopsy, etc etc and then I prepared a timeline of the proof of the malpractice, that was in the medical records.

A local VA doctor died while my FTCA was in progress and I bought many of his medical texts when the spouse had a yard sale.

It is not impossible to go Pro Se and succeed.It is just a LOT of work and research and takes a LOT of time.

All in all, except for car gas to law and medical libraries, my expenses were just phone calls to RC and OGC, xerox copies, and some priority mailing fees.

In the past 2 decades hadit has had 1151ers and FTCAers-I would say that less than 30 % of those claimants came here with probative malpractice cases.

 I tried to help a member here for almost ten years. He had one of the best 1151 claims I ever saw and I gave him considerable documented support, as VA had done this type of procedure on many other veterans who ended up with bonafide FTCA/1151 issues, and awards, settlements.Private doctors also were doing the procedure wrong.

He didnt seem to what to understand the 1151 issue and got a Very costly IME for another claim that will never succeed. He would not get an IMO/IME for the 1151 claim and that is the issue that will probably cause his death.Some widow's charges of wongful death also went no where because they did not follow any of my advice.

BUT I assume you have a bonafide malpractice issue- which you have not told us about-

and once you file the SF 95, with documented evidence, the district counsel will address it.

You might want to read the Tally case here as well- to see how low the VA can go.

1151 and FTCA depend on two prime typesw of edical evidence:

1. documeted proof of malpractice ( by VA medical professionals ) and

2. documented proof of resulting additional ratable  disability (or death) directly due to the VA malpractice.

 

 

 

[Berta]

The Tally case:

https://community.hadit.com/topic/72883-this-could-happen-to-you/