Protect Our Veterans: Injury Claims Against the VA
-
Upload
jealexander -
Category
Health & Medicine
-
view
122 -
download
4
description
Transcript of Protect Our Veterans: Injury Claims Against the VA
![Page 1: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/1.jpg)
Claims Against the VA
• Injury Claims
• Wrongful Death Claims
_________________________________
• Whistleblower Claims
• Wrongful Termination
![Page 2: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/2.jpg)
Injury Claims Against The VA
• First, Veterans must determine if they have been injured by the VA system.
• Second, Veterans must know the procedures for filing a claim.
• Third, Veterans must know what to do if the VA denies their administrative claim.
![Page 3: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/3.jpg)
Has A Veteran Been Injured?• Did the Veteran have to wait more than 30
days to see a VA Doctor upon requesting a visit?
• Did any of the Veterans VA appointments get canceled or indefinitely postponed?
• Did the VA doctors properly diagnose and treat the Veterans health problem?
• Did the Veteran suffer from surgical/treatment errors at the hands of a VA physician/nurse?
![Page 4: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/4.jpg)
Hypothetical
• A Veteran tried to get treatment for an injury to his leg. The treatment was delayed by the VA. The patient ended up needing to have is leg amputated.
• Does this individual have a claim? (See Dugger v. U.S.)
![Page 5: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/5.jpg)
Filing A Claim Against the VA
• First, Veterans must determine if they have been injured by the VA system.
• Second, Veterans must know the procedures for filing a claim.
• Third, Veterans must know what to do if the VA denies their administrative claim.
![Page 6: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/6.jpg)
Two Step Process for Veterans Filing a Claim
Against the VAStep 1: Administrative Claim SF 95
Step 2: Federal Tort Claims Act (FTCA)
![Page 7: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/7.jpg)
Administrative Claim
– Veterans must first file an administrative claim with the VA by using Standard Form (SF) 95.
– Veterans have a two-year time frame from the time the Veteran knows the injury happened, to file a claim. (“Statute of Limitations”)
– The VA has 6 months to accept or deny the Veteran’s claim.
![Page 8: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/8.jpg)
Common Pitfalls Administrative Claims
• The $ amount the Veteran enters on SF 95 is the most you can recover, even if the case goes to trial!
• The claim can be denied on a technicality, i.e., if the Veteran misses a filing deadline.
• Veterans must submit a report by an attending physician verifying the Veteran’s injury.
![Page 9: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/9.jpg)
Filing A Claim Against the VA
• First, Veterans must determine if they have been injured by the VA system.
• Second, Veterans must know the procedures of how to file a claim.
• Third, Veterans must know what to do if the VA denies their administrative claim.
![Page 10: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/10.jpg)
Federal Tort Claims Act
You must file a claim in Federal Court.– Arizona law requires that you have a medical
expert at the time you file a claim.– Arizona law requires all claims for medical
malpractice be filed within 2 year of the accident regardless of pending administrative proceedings.
– Your are limited to the damages alleged in the Administrative Claim.
![Page 11: Protect Our Veterans: Injury Claims Against the VA](https://reader030.fdocuments.us/reader030/viewer/2022020306/5590a1291a28ab0a798b45a6/html5/thumbnails/11.jpg)
Bradley D. Gardner, Esq.Timothy F. Coons, Esq.Garth A. Harris, CLA
Jodi L. Jankowski, ParalegalUDALL SHUMWAY PLC
1138 North Alma School Road, Suite 101Mesa, Arizona 85201
[email protected] | 480-461-5300
www.udallshumway.com#4152741.1