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MACPAC Department of Va


Retiredsoldier1
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Question

I was involved in a vehicle accident with a contracted VA van taking me to my appointment at the VA on July 5, 2019. I retained a attorney, was treated at a non- VA hospital for this accident. My attorney says he is waiting on a (lien release form from VA stating that I don’t owe VA any money.  I am 100 percent permanent and total, so I would not owe VA anyway. Every time I call VA to check status of this form, I am told they cannot talk to me and every time my attorney calls, VA says it’s still in process. VA is the only form that I need to settle on my case.  I have talk to patient advocate, social worker etc. VA has been “working” on this since October. VA says the MACPAC department is handling or working on this form. Can someone please tell me who to contact, this is getting frustrating trying to get 1 form stating I do not owe VA. 

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I am concerned that maybe you or your lawyer should have filed a FTCA charge on a SF 95.

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

This is the same form I used for my FTCA wrongful death case, but it is also for anyone who falls into their accident liability, such as if the VA bus hits someone , or the VA van gets into an accident ( our local VAMC has both bus and van) but I am concerned about the word "contracted" ,as stated before "VA van" here.

Has your lawyer determined why that word was used?

I don't get this part- " My attorney says he is waiting on a (lien release form from VA stating that I don’t owe VA any money.  I am 100 percent permanent and total, so I would not owe VA anyway. 

Is your lawyer familiar with FTCA and also Section 1151, 38 USC?

This has some info on MACPAC, which seems to mean they are trying to see what insurance would be paying for the non VA hospital treatment.

https://www.macpac.gov/

I am just guessing and maybe this is not a FTCA issue at all.

 

 

 

 

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2 hours ago, Berta said:

I am concerned that maybe you or your lawyer should have filed a FTCA charge on a SF 95.

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

This is the same form I used for my FTCA wrongful death case, but it is also for anyone who falls into their accident liability, such as if the VA bus hits someone , or the VA van gets into an accident ( our local VAMC has both bus and van) but I am concerned about the word "contracted" ,as stated before "VA van" here.

Has your lawyer determined why that word was used?

I don't get this part- " My attorney says he is waiting on a (lien release form from VA stating that I don’t owe VA any money.  I am 100 percent permanent and total, so I would not owe VA anyway. 

Is your lawyer familiar with FTCA and also Section 1151, 38 USC?

This has some info on MACPAC, which seems to mean they are trying to see what insurance would be paying for the non VA hospital treatment.

https://www.macpac.gov/

I am just guessing and maybe this is not a FTCA issue at all.

 

 

 

 

 

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It might have been a DAV van- in any event on page 11 of 47 on this pdf, it explains how the VA is suposed to report this type of accident and there might be something there that could help you-

I assume your lawyer has this pdf but it contains a wealth of info that VA is supposed to do-regarding accidents with VA transportation vehicles and maybe they have not done yet what they need to do. 

You stated:"VA is the only form that I need to settle on my case.  I have talk to patient advocate, social worker etc. VA has been “working” on this since October. "

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8511

A civilian worker I knew, years ago, at the local VA slipped and fell from something that fell off of the lunch cart.

The VA ER gave her a 3 day off work chit slip and told her to take aspirin and use an ice pack as she had strained her ankle.

Three days later she could hardly walk and had been in severe pain and someone drove her to a local non VA hospital  where they found her leg had been broken by the  fall.

She couldn't seem to explain to me what her lawyer had filed for, but about 4-6 months later the VA settled with her for the accident.

It does take time .

You could file an IRIS complaint ( the complaint section is a Pop down box) to get a status of the form.

IRIS complaints go to VA Central so they usually address them right away.

 

 

 

 

 

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