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OGC lawyer will not give me any info on my claim.


Navycutee

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Hi my sf95 was accepted 12/2017. I had been emailing my GC lawyer but he sends a one sentence response maybe every 10 emails. I sent an email in Feb 2019 in which the lawyer stated he should be done with my case next week. This was almost 2 months ago. I called the OGC in Washington about 2 weeks ago I was told I was still in peer. Is there anyone that I can speak to to get more info. This is so frustrating.

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I am a successful FTCAer-

I went through alot of VA crap to get to that point.

The OGC will not release any Peer reports until after a settlement is made- 

They did two regarding my case.

Did you file a Section 1151 claim as well?

I didnt have a lawyer  nor any independent medical opinion. My advice here in the FTCA/ 1151 forum ( which seems hard to find these days) is that one should not do what I did----

they should get an IMO to support the malpractice and get a lawyer- unless they have medical and legal background  and Very strong medical evidence of VA malpractice.

 

 

 

 

 

Edited by Berta
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Your statement about "YOUR GC attorney", is likely a ruse, unless you have signed a fee agreement to pay this attorney.  He likely works for VA and represents their interests, which conflict with yours.  Yes,   I know you have heard, for years, about "pro claimant, non adversarial VA claims system...blah, blah, blah", but that would only apply to the VARO or BVA if at all.   Make no mistake here..you are "attacking" VA when you fill out the SF95.  

EVEN at the BVA level (supposedly pro claimant), the VA has attorneys who represent the board.  However, these attorneys who work for VA(BVA) dont normally "cross examine" you, they dont make you fill out interrogertories, and they dont offer testimony to conflict with your statements.  The term they use is "ex parte".  defination: with respect to or in the interests of one side only or of an interested outside party.

Once you file a SF95, however, all bets of this are off.  No BOD.  No ex parte.  No pro claimant non adversarial.  

Its my opinion, once you file the SF95, you are no longer "under the protection" of the pro claimant, non adversarial, benefit of the doubt benevolent VA.  (Im not sure that this really exists anyway, but at least there is "some semblance" of a paternalistic VA in regard to the doctrine of equipose.)  

You are basically asking your opponent  attorney to help you.  If you really want your interest's represented, then you can hire your own attorney.  Remember, a dog rarely bites the hand that feeds him.  

I suggest you try to get an alternative source of information, and, most likely, that means simply waiting.  

With all this said, take Berta's advice, not mine.  I have not filed a SF95, and am posting only on my more "generalized" experience with VA.  

My experience is with the CAVC.  There is no pretense of the VA to be claimant friendly, non adversarial at the CAVC level.  The VA has their own law team at the CAVC, and they are unlikely to help you.  

Source:  My 4 trips to the CAVC, in 2007, 2012, 2016, and 2017 and my own experience.  The 2017 case is still pending a decision.   

 

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