Krause Law divides veterans benefits law into three parts: 1) Federal Tort Claims Act (FTCA); 2) Vocational Rehabilitation; 3) Disability Compensation.
Federal Tort Claims Act & VA Negligence
Federal Tort Claims Act (FTCA) was created by Congress in 1948. It provides a limited waiver to the immunity of the sovereign by allowing people to sue the federal government under a limited set of circumstances. It allows people to sue in circumstances where a private individual would be liable if they committed the same act. It would include medical malpractice and other forms of negligence.
Recent changes at VA have resulted in more confusion about health care than ever before. Administrators are confused. Veterans are confused. If you find that you are struggling to receive the health care you need, you may want to consider contacting us for help.
Veterans have begun to sue VA for failures in treating their conditions, especially for failures to treat mental health problems. One Pennsylvania veteran recently won over $3 million for VA’s failure to properly treat his PTSD prior to having problems with the law.
Other veterans are experiencing problems getting their prescriptions filled in a timely manner. Still others experience problems accessing health care due to being “flagged” in VA’s system. The Federal Tort Claims Act (FTCA) allows monetary recovery for certain damages caused by the federal government.
If you feel VA health care harmed you in some way, please contact us.
VA Chapter 31 Vocational Rehabilitation & Employment
When it comes to Vocational Rehabilitation, Attorney Benjamin Krause of Krause Law wrote the book. The Voc Rehab Survival Guide covers what many consider to be the crown jewel of VA’s disability benefits.
The program is governed by numerous regulations and guidance material that policymakers in Washington, D.C. have chosen to leave as vague.
The reason for this is because counselors need a great deal of flexibility in adjudicating veterans claims for this benefit. While vague can be good, it has invariably led to many veterans failing to understand the programs requirements. It has also resulted in many veterans losing out because a counselor misapplies the regulations.
Contact us if you would like a consultation on your VR&E claim.
VA Disability Compensation
VA has been mired in bad press for its failure to properly adjudicate veterans disability claims. Attorney Benjamin Krause helps veterans through this process by applying the steps he used to win his own disability claim over ten years.
By combining economics with the law, Benjamin was able to successfully navigate the VA bureaucracy after ten long years just prior to completing law school. He now helps veterans do the same when they have been initially denied by VA.
Please contact us to learn how we can help.