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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20392
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I filed a Form 95 with the VA office of Gen Council in Dec

Customer Question

I filed a Form 95 with the VA office of Gen Council in Dec of 2015 for a claim for injury resulting from a VA doctor burning me with acid around my eyes. It was investigated and I was told I'd receive a response no later than 6/25/16. I've never been notified. Can I ask to be paid since they are in breach? Or when by law are they in breach? Charles
JA: Has anything been filed or reported?
Customer: I've filed everything they interviewed me over the phone in early June. I have never been contacted since.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 11 months ago.
Category: Legal
Expert:  Marsha411JD replied 11 months ago.


Thank you for the information and your question. Under the Federal Tort Claim Act (which is what controls in this situation), you were only required to wait 6 months from the time you filed your Form 95 claim with the VA for them to either deny your claim or accept liability. If they have done neither, you can, if you choose, find a local attorney who handles Federal tort claims and file suit for your injuries/damages. You might, before you do so, attempt to contact the VA General Counsel's Office about your claim to see if perhaps they sent their communications to you at the wrong address or to see if they have a decision. I say that because the Federal Court Judge is going to want this to settle and not go to trial, so if there is a chance they are going to make you an offer now before you hire an attorney who would have to be paid from your award if you settle, it is better for you to do so now.

But, if there is no decision, you must file suit to move the case forward. Please feel free to ask for clarification if needed. If none is needed, then if you could leave a positive rating in the ratings box above, I will receive credit for assisting you today. Also, if you could just let me know that you have received my answer, that would be helpful. Thank you