Get help to file tort claim

Jim,

I came across your web page and your straight talk, just in time, a couple of years ago....

I had filed for a PTSD rating and of course was turned down. I had already been given 10% for hearing loss.

After reading your columns and following your advise about getting educated about the VA system and what It would take to file a good and strong case...I was awarded 10% PTSD in June 2008.

I have undergone an ascending aorta and desending aorta replacement. Ascending in 2004 and desending in 2008. It took me untill Dec. of 2008 to ask for all my medical records.

It only took a few days of reading to find that the VA Radiologist had reported that I had an aneurysm in the ascending aorta, in 1992! So for 12 years I was a walking time bomb, and no one told me about it or scheduled regular exams to track the progress or growth.....So I came within minutes of passing into the great unknown....the ER Dr. told my wife to get anyone who would want to say good-by on the phone now....

So, in 2008 after reading your information, and others, I filed for comp for Vascular diesease, 2nd to Hypertension and 2nd to PTSD. In 2009 I received 100%.. So to you and all the people that help people like me thanks..!!!

What are the chances that I can file a SF-95 by myself? Do I need the Lawyer?

Reply:

Thank you for sharing that story. You’re a very fortunate man. Aneurysms, whether in the abdominal aorta or the thoracic aorta are often fatal when they are seen as an emergency. Even when they are discovered early and operated on electively, the incidence of complications and death is high.

It is accepted medical therapy that when an aneurysm is detected that the patient’s medical care team should establish a routine screening or surveillance schedule for the future. The frequency of the screening will be based on the current size of the aneurysm and scheduled accordingly depending on the rate of growth. Surgery is the only real option and these screenings are done with the constant thought of planning the operation to be done while you are relatively healthy and before the aneurysm shows any signs of rupture. Once ruptured the chances of survival are almost nil.

It appears to me that you somehow fell through the cracks and you were denied the important screening process. That very nearly cost you your life. The complications and long term consequences of having the surgery done emergently rather than electively may not be immediately apparent. Were I you I would consider filing the tort claim.

I never recommend that a veteran should attempt to file an SF-95 Form alone and without counsel. The FTCA claim is highly complex and a very serious matter that VA will vigorously defend.

I would advise that you search the Internet to locate an attorney who is experienced in such cases. As this is a federal issue, the attorney does not need to be close to your home or even in your state. You may want to interview more than one attorney to ensure you feel comfortable working with the one you finally select to review and possibly file the case for you. The search for a representative isn’t difficult using the Google search engine. I’ve made it a little easier for you here.

There are strict time limits about filing the SF-95. You shouldn’t delay moving forward with a review of your potential claim.