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MST vs combat PTSD


DIYGirl56

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Has anyone filed a lawsuit against the VA per FTCA (federal torts claim act) due to their negligence in processing your MST claim? The ACLU reported that the VA is 16 - 29% more likely to reject a claim of MST vs combat PTSD. The mishandling of my claim for disability has made my condition worse and I want to take action.

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Every time I talk to a veteran who has been denied again, wants to appeal but doesn't want to pay a lawyer, I ask him a question. "I have 2 jars of jelly beans on my desk, and you can have either; one has 3/4 of the jar filled, and the other one is just an empty jar. I ask, which one would you choose?"The 3/4 jar filled with candy is always chosen. I then say, instead of jelly beans, substitute your appeal. If you can't figure out a way to win your claim, get professional help. It might cost you 20%, but where I come from, 80% is a whole lot better than an empty jar. (Or another denial.)

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Hi DIY,

Did you file for MST and if so and were you denied? Did you appeal?

Never heard of any lawsuits but can imagine if one were ever filed, probably will take years, I mean years for the hearing. 

I have seen similar stories on 20/20 but no lawsuit. 

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Welcome to Hadit! I don't see why one can't do that, but recommend engaging a malpractice lawyer. If they decline to represent you, there are many others who might because everyone's situation is different. Additionally, learn more about the FTCA process.

 

The topic below is 11 years old, but gives a reasonably quick overview.

 

In case you have not yet looked, here's the VA's page detailing how to file an FTCA claim.

https://www.va.gov/ogc/ftca.asp

Quote

A tort claim against the United States, based on a negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her employment, may be filed by the injured person or his or her legal representative

 

 

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Although I have never used them you can contact the Kenneth Carpenter Law firm Carpenter Charter LLC I believe ????   They have many decades of successfully representing veterans before the BVA and U.S Federal courts including the CAVC on disability appeals and other vet issues. They can also refer you to a malpractice lawyer in case they do not practice malpractice.

An experienced paid professional VSO may also be helpful.  They charge nothing to represent vets.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

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I forgot to mention that there is a two year statute of limitations for filing a FTCA from the date the incident occurred OR the date the injury became known/evident to the claimant.  It is possible to receive an extension of time for filing an FTCA under the Equitable Tolling doctrine but this is up to the courts to decide yea or nay.

However, just like me you can file a VA section 1151 Injury claim at any time with no statue of limitations.  Again the above law firm or a VSO can help you with this.

My comment is not legal advice as I am not a lawyer, paralegal, or VSO.

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Yes, I’m aware of the two year rule. This is still currently happening. The VA sent a generic reply to my state Senator rather than agreeing to review my file. It’s quite frustrating that they feel so untouchable that they can respond to an inquiry from a Senator like that.

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@DIYGirl56 New here, posted my " Success Story" in Had IT Forum this week (WmVeteran75-97) 

I understand your frustration.

My only idea with limited knowledge about your claim is to maybe bolster

claim and resubmit. Parallel to the civil suit if proceeding. (I like options 🙂 )

I also paid for an IMO, which I think was helpful. Dr. Vallett in Colorado, found him on the "VA Watchdog" website.

Sent info and in about 6 wks. received my IMO. Resubmitted claim for a DRO review. 

Quickly adjudicated. I also sent in 8 POUNDS of evidence for my claim and the VA sent me a letter to stop sending evidence, ... Insert a chuckle here cause that is a true story. 

I replied I will stop sending, when you start reading. 

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I’m trying to get RETROACTIVE pay. I finally gave in and got an attorney and it makes me SO ANGRY that I have to give up 20% in order for the VA to correct their error. I get triggered every time I deal with a piece of paper to them so 8 pounds of evidence would make my head hurt explode.

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4 hours ago, WmVeteran75-97 said:

@DIYGirl56 New here, posted my " Success Story" in Had IT Forum this week (WmVeteran75-97) 

I also paid for an IMO, which I think was helpful. Dr. Vallett in Colorado, found him on the "VA Watchdog" website.

 

Same here.  His IME/DBQ triggered many a C&P for PTSD/TBI from the VA.  In the end I ended up 100% for those two issues, P&T.

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On 4/22/2022 at 10:32 AM, GBArmy said:

which one would you choose?

I'll take the empty jar, I can't eat candy anymore and I need someplace to put all my veteran lapel pens.

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