Can I sue the VA?

Asked by: Armand Hudson  |  Last update: February 19, 2022
Score: 4.9/5 (37 votes)

Suing the VA means you are suing the federal government. To sue the Veterans Affairs for medical malpractice a tort claim against the United States must be presented within two years of the injury caused by doctors at the VA. ... After the denial of the claim a complaint may be filed in federal court.

Can I sue the VA for pain and suffering?

If you or a loved one has suffered from the negligence of the VA, you can file a claim under the Federal Tort Claims Act (FTCA) to receive compensation for pain and suffering and economic loss.

How much can you sue the VA for?

For helping you win an administrative FTCA claim with the VA, an attorney can charge you no more than 20% of the monetary award the VA gives you. For representing you in a lawsuit, an attorney can charge you no more than 25% of the damages you are ultimately awarded.

What is a tort claim against the VA?

A Federal Tort claim is a lawsuit against the VA and applies to any situation in which a VA employee, acting on behalf of the VA, is negligent and causes injury. ... A Federal Tort can be filed by a veteran, or, in the event that the injury resulted in the death of the veteran, by his qualifying survivors or estate.

What is an 1151 claim?

A 1151 claim refers to a means of receiving VA disability compensation as outlined in 38 USC § 1151. The statute allows for veterans to receive compensation available to those who suffered “an added disability”.


38 related questions found

Does the VA pay for pain and suffering?

VA can now award service connection for chronic pain that lacks a specific diagnosis, as long as that pain is connected to an event that occurred or symptom that appeared while the veteran was on active duty. Furthermore, the veteran's chronic pain must cause functional impairment or loss.

Can the VA help me get a car?

The automobile grant is a tax-free benefit available for veterans who buy a new or used vehicle and have service-connected disabilities including: Loss, or permanent loss of use of one or both feet. Loss, or permanent loss of use of one or both hands. Permanent impairment of vision in both eyes to a certain degree.

Can I sue the VA for emotional distress?

A plaintiff alleging a claim for intentional infliction of emotional distress in Virginia must allege in his complaint all facts necessary to establish the cause of action in order to withstand challenge on a motion to dismiss or demurrer. ...

How do I sue the VA for malpractice?

To sue the Veterans Affairs for medical malpractice a tort claim against the United States must be presented within two years of the injury caused by doctors at the VA. The Department of Veterans Affairs often denies these claims. After the denial of the claim a complaint may be filed in federal court.

What are the 3 types of tort?

Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products - see Products Liability).

Can you sue the VA for discrimination?

If you think you've experienced discrimination at VA or in a VA-funded program, you can file a complaint with our external complaints program.

How do I file a complaint against the VA?

Contact the Hotline
  1. Phone: 1 (800) 488-8244. Monday–Wednesday and Friday between 9:00 a.m. to 4:00 p.m. (Eastern Time) or Thursday between 9:00 a.m. to 1:00 p.m. (Eastern Time)
  2. FAX: (202) 495-5861.
  3. Mail: VA Inspector General Hotline (53H) 810 Vermont Avenue, NW. Washington, DC 20420.

Can a veteran sue the military?

Retirees and veterans, civilian employees, dependents, and unaffiliated civilians are technically all eligible to sue the military, though again, actually accomplishing that is typically very difficult.

Can I sue the VA for misdiagnosis?

Veterans, their family members, or their legal representatives may file VA medical malpractice claims under the Federal Tort Claims Act (FTCA). If you were hurt in a VA medical facility due to negligence, misdiagnosis, or malpractice, you may be entitled to monetary damages.

Who is covered by the Federal Tort Claims Act?

Making a Claim Under the FTCA. Individuals who are injured or whose property is damaged by the wrongful or negligent act of a federal employee acting in the scope of his or her official duties may file a claim with the government for reimbursement for that injury or damage.

Can the VA refuse to treat a veteran?

You can agree to or refuse any treatment. ... Refusing a treatment will not affect your rights to future care but you take responsibility for the impact this decision may have on your health.

Can VA physicians get sued?

A VA physician cannot be sued in civil court for the malpractice (tort) claim. Providers feel less threatened by the malpractice climate while working for the government because if a patient sues a VA doctor, they are instead are suing the federal government.

Can you sue the VA for wrongful death?

In the case of a wrongful death, the late veteran's spouse or dependent may sue the VA. An experienced veteran's medical malpractice attorney helps you, as a veteran victim of medical negligence, file your claim and fights to ensure you receive the compensation you deserve.

What can you sue the VA for?

You may be able to sue the VA if you have been the victim of medical malpractice. If you or a family member have suffered serious personal injuries as a result of the negligence of a federal employee, you may be able to bring a claim against the Department of Veterans Affairs.

Can you sue for mental anguish in Virginia?

Yes, you can sue someone for causing mental harm which is classified as Emotional Distress or “Mental Anguish.” However, the process can be challenging and is dependent on many factors. If this is a matter of the plaintiff's neighbor stressing them out, then there is most likely no case there.

What are examples of emotional distress?

Emotional Distress Examples
  • Diminished quality of life.
  • Lost enjoyment of life.
  • Cognitive changes after a head injury.
  • Distress over a disability.
  • Embarrassment or humiliation.
  • Psychological trauma.
  • Post-traumatic stress disorder.
  • Losing sleep.

Does VA pay for swimming pools?

Swimming Pools. Swimming pools are acceptable. Note: Grant funds cannot be used for spas, hot tubs, saunas, etc. Exception: The installation of spas or variations of swimming pools are acceptable if hydrotherapy is a prescribed treatment for the veteran, and medically required.

Will I lose my VA disability if I get a job?

If you are working and receive service-connected compensation, you will not be penalized by the VA. Working veterans will only run into problems with the VA if they are receiving TDIU and their work is considered to be substantially gainful.

What can I use a VA loan for?

VA Home Loans can be used to purchase:
  • An existing home, or a condominium or townhouse in a VA-approved project. ...
  • A multi-unit property (up to four-plex), provided the buyer occupies one of the units. ...
  • A manufactured (mobile) home or a modular home. ...
  • A new construction.

What is the highest VA rating for chronic pain?

1. Entitlement to an increased rating for chronic pain disorder, currently assigned a 50 percent evaluation.