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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.
    • Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests.

      Listen Live Every Wed 5:30 PM CST to SVR Radio, Veterans Issues are discussed with various guests. Please check the little home I am carving out for our SVR partners. http://www.hadit.com/svr.html
    • 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

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • 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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Tort Claim Denied For Statue If Limitations Reconsideration Request

5 posts in this topic


I got a reply back denied under sec 2401. I informed a lawyer who i was trying to get to take the case she told me they handle these claims all the time but they dont take cases once they are denied. Do that sound crazy maybe its me.....

The medical eviedence showed i had surgery on the wrong level of the spine. I didnt find out until by way of a mri 12 yrs later. I know their is a discovery rule in their somewhere..but was glad to see that this was the only reason it was denied I thought the lawyer would of jumped right on it. Im still looking for an attorney and I will get a strong IMO.

My question is when i ask for a reconsideration can i let a lawyer handle that or do i have six months to request that or sixty days

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"I got a reply back denied under sec 2401. I informed a lawyer who i was trying to get to take the case she told me they handle these claims all the time but they dont take cases once they are denied. Do that sound crazy maybe its me....."

Title 28 USC § 2401(b)

A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

"The medical eviedence showed i had surgery on the wrong level of the spine. I didnt find out until by way of a mri 12 yrs later. I know their is a discovery rule in their somewhere..but was glad to see that this was the only reason it was denied I thought the lawyer would of jumped right on it. Im still looking for an attorney and I will get a strong IMO."

Did you file the SF 95 within 2 years of your knowledge that the surgery involved a potential medical error?

Anyone who discovers or believes they have been malpracticed on by the VA should get a copy of their Med recs right away, then get an IMO, and then if the IMO supports malpractice they need to get a lawyer.

They can file the SF95 themselves if they fear the SOL could run out before they get their med recs and an IMO and a lawyer-

there is SF95 info here in our FTCA forum.

However if the SOL ran out, there is no recourse.

You could however file a Section 1151 claim. Info on that too ere in our FTCA forum.

Section 1151 claims have no SOL.

I just won an additional 1151 award from my original 1151/FTCA matters this past January, and the veteran,who did not live long enough to see his proper VA comp (they malpracticed on my husband and caused his death)

was eligible for the additional 1151 award back to 1992.

There is a 1151 template in our FTCA forum here for this type of VA claim.

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In December 2010 you stated here:

o still havent put in a 1151 will they rate it in the proper rating or will i have to submitt another claim under 1151 “

It appeared that you had requested a secondary rating for the additional disability due to the negligence?

What is the status of that claim?

VA has no obligation to consider any issue under 1151 unless the claimant tells them to by clearly filing a claim under Section 1151.

38 USC.

I think I gave you the same 1151 advice in Dec 2010 as I did here today.

Have you filed a Section 1151 claim at all over the past 2 and 1/2 years?

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Ok Berta i filed the 1151 claim along with other issues it been 24 months without a decision and used the templates here. I discovered i had been malpratice on in June of 2010 by way of a Mri..I had surgery in 1997 took 12 yrs to find this out i thought the discovery rule applied so i filed the sf 95 in may of 2012 well within the two year statue and got a denial back in June of 2012 a fast three week process...Since they denied on statue of limitation maybe i should leave alone and wait on the 1151 process Im thinking if you win a sf 95 dont it offset the 1151 claim.... I know im getting in deep water should i still persue a lawyer to argue that i had no way of knowing until the June 2010 Mri?

If I previal on the 1151 claim will it retro back to 1997? or when i filled the 1151 claim? thanks

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Fighting a SOL denial needs a lawyer's expertise.

“.Since they denied on statue of limitation maybe i should leave alone and wait on the 1151 process Im thinking if you win a sf 95 dont it offset the 1151 claim.... “

Yes and that is why it is often disadvantageous to file both FTCA and 1151.

I invested most of my FTCA settlement because of the offset factor to my DIC.That way I used some interest every month until I was awarded DIC.

The only way around the offset is to prove SC as well, in addition to 1151/FTCA for the same disability but my claim is the only case I know of that was successful that way.

The VA, after another battle with me, refunded my entire offset last year.

The offset regs are here somewhere.

You will need a strong Independent Medical Opinion for the 1151 claim.

These days I foresee no way anyone can win 1151 without an IMO.

Or any FTCA case.

The VA Cannot offset a Section 1151 award to any established SC award.

They might try to 'combine' the percentages but I think that would be a CUE if they did that.I am really not sure on that.

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