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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

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    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Torte Claim

6 posts in this topic

Posted · Report post

Can anybody tell me how a torte claim with the VAMC is supposed to work and what you need to have to file one.....

tnx

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Posted · Report post

You might try hiring a lawyer, specializing in VA law. jmo

pr

Can anybody tell me how a torte claim with the VAMC is supposed to work and what you need to have to file one.....

tnx

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Posted · Report post

Hello All Hope All Is Well.

Contact Kieth Pierce at VHA (202)273-5846 for the under secretary.He will tell you to contact the Pt. Advocate at the VAMC. Then when the Pt advocate does not answer you let KP know this he will contact the facility and then RISK Management will send you a claim form SF 95.I am in this process now.When a physician tells you (quote We will not review any past medical history in progress notes un quote).this is one of many problems with the EOVAHCS.

Personally when you attempt to address concerns issues and there is no participation from any of the (VA)VARIOUS AGENCIES only how can this be redirected or delayed,make it so difficult that you give up.I see clearly that all VA agencies have no responsibility or accountability this has been proven to me through my expierence with all agencies including OIG whom just states address this with the facilty.

I would venture to guess by the time you file the process will be five to ten years.

For my service connected injuries I have not seen a physician in over three years and the facility has done absoloutly nothing to facilitate or resolve only create a adversarial and confrontational arena. sorry for the long post but you asked and this has been my delima.

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Posted · Report post

There is plenty of info here at hadit in the FTCA Forum http://www.hadit.com/forums/index.php?/forum/83-ftca-federal-tort-claims-action/

The SF 95 must be filed within 2 years of knowledge of alleged VA malpractice or negligence.

There must be documented evidence of malpractice or negligence in the med recs and

there must be a documented disability that the VA malpractice caused.

"I would venture to guess by the time you file the process will be five to ten years"

Not necessarily- the Regional counsel wanted to settle with me within a few months after I filed SF 95 over my husband's death.The evidence I had sent to him was overwhelming.

A Peer review was obtained from a VA cardiology expert that fully supported my charges.

The RC and the doc who did the review disappeared and so did the critical report.

It then took me about 3 more years to succeed.

The RC and the Doc retired -nothing nefarious there and both assured me that VA had the Peer Review report-the RC gave it to someone at the VARO in person who was handling my 1151 claim.

It turned up at the very bottom of my c file in 2004.The VA had it all along.

Philip is correct- if you do have a disability that you can PROVE the VA caused,with medical documentation, you have basis for FTCA and getting a lawyer is the best way to deal with them under FTCA.

."When a physician tells you (quote We will not review any past medical history in progress notes un quote).this is one of many problems with the EOVAHCS."

I succeeded under 1151 and FTCA because no physician reviewed prior medical history in my husbands VA clinical record for 4 years. By the time he developed a critical total disability due to that fact-

another VAMC had covered this up for 2 years.

My recent AO death award shows they covered up more than I thought when I filed FTCA.

If you can prove what this doc said by having additional disability due to their failure to consider your medical history, you would have basis for FTCA claim.

I am referring here to prime facie and unrefuttable evidence that my husband had DMII and heart disease and they tried to cover it up and never diagnosed him or treated him properly and he died because of their medical errors.

Your evidence has to be beyond mere speculation or possibility and documented in the medical records.It can be well hidden and difficult to find but if there was malpractice-you will find the evidence in the clinical record (or better yet get an IMO doctor to do that)

"including OIG whom just states address this with the facilty"

Right-they have no jurisdiction over FTCA.

There are plenty of FTCA lawyers on the net.The best way to get an FTCA lawyer to help you is to get an IMO that supports your charges.

As I mentioned here before - I studied FTCA case law ,Neuro stuff and cardiology to succeed in my 1151 FTCA claims.

Nothing in any VA or FTCA regulation prohibited me or any vet or widow from filing and pursuing any FTCA case without a lawyer as long as the FTCA was within the VA's jurisdiction..But that took a lot of time and work.That is our right.

Without an internet then like it is now- I could find not lawyer to rep me anyhow and never even considered trying to get an IMO doc.Things are different now.

I suggest that IMOs are imperative for these cases ( but they can very often reveal no malpractice happened at all) but then if the IMO supports the case, any lawyer with this type of FTCA expertise would sure not want to turn down a solid case.

I used it last week for an AO IHD claim.

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Posted · Report post

I understand....The first time my body was damaged by the VAMC, I did not know there was even an option available for torte claims. I was never told, but I guess that's my fault for not knowing......The VAMC may have damaged me the first time with their surgery practices, but I will not let that happen again....Right now it doesn't matter if it takes five or ten years to reslove. It's the principle of letting them get away with this kind mistreatment to vets...I am not in it for anything more than proving they did wrong AGAIN....!!!!!!!

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Posted · Report post

Moved Topic to FTCA Forums.

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