I have file a SF95 tort claime with the VA regarding my medical records that I am unable to obtain from them at this time. It was of course denied, which I appealed by sending the documentation to the Washington, DC Federal building. It has now been more than 7 months since I appealed the decision and have yet to hear anything. I believe I have a real tort claim, and possibly a civil rights violation and need assistance as I am not a lawyer of anykind.
State/Country relating to Question: California
So far I have attempted to retrieve my medical records from the VA in person. I have tried to get a copy of my complete claims folder, and have attempted to get the records directly from the military hospital by form application.
Hello:Need more information please.Are you trying to appeal a denial or failure to procude records per a Privacy Act or FOIA request you had made?Are you already on appeal?
I am not sure what exactly you are asking, but I believe I am appealing the decision to deny the tort claim because they sent a copy of records that I am supposed to accept (wholly incomplete still missing important dates). I appealled to the Office of Gemeral Clounsel (021B) a request for reconsideration of an administrative tort claim under the FIOA. The letter is dated recieved on feb 26, 2009.
Ok, it appears that you yourself don't really know which direction you are going.If you are proceeding to appeal a denial of a FTCA, then that has an appellate procedure.But if you are proceeding to appeal a denial of production under FOIA, then that has an entirely separate appellate procedure.If then again you are proceeding with a 38 USC 1151 action against the VA (similar to a FTCA but again, it is not), then once again that has an entirely separate appeals procedure.All of the above have separate timelines, procedures, etc, you cannot mix or intermingle them.What exact claim did you file in what specific court or agency for what specific relief against what administrative agency under what specific provision of law? You will need to provide that information before one can proceed.
The best answer I can give is this: 28C.F.R. Section 14.9 is the admistrative claim route I took because I really want my records and the money I attached (a lot) is more of an attempt to make me right for the time and money that has been with held from me because the VA had me listed as dead.
OK 28 CFR 14.9 deals with an FTCA claim and is the final judgment or decision. You would have been given your appeals rights with same (6 months to file in federal district court). Assuming you have such a final decision you must now proceed to federal district court within your jurisdction. If you did file such an appeal and did also file the appropriate service, briefs etc, then -- back to your first posting -- you now wait for the Court's decision. There is no timeline for same; it could be months and months and months if not longer (years?) for the Court to review your appeal and issue its decision. The Court is under no timeline to do so. I hope this helps.
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