Claims Against the VA

• Injury Claims

• Wrongful Death Claims

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• Whistleblower Claims

• Wrongful Termination

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.

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?

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.)

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.

Two Step Process for Veterans Filing a Claim

Against the VAStep 1: Administrative Claim SF 95

Step 2: Federal Tort Claims Act (FTCA)

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.

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.

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.

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.

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

veteransclaims@udallshumway.com | 480-461-5300

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