Claims Under the Federal Tort Claims Act
The Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b) and 2671-2680, provides monetary compensation when a government employee, acting within the scope of employment, injures another by wrongful act or omission. The FTCA does not govern acts of non-VA medical facilities, community care providers, or independent contractors.
A tort claim against the Department of Veterans Affairs may be filed using the Standard Form 95, Claim for Damage, Injury, or Death; however, use of the SF95 is not mandatory as long as the following requirements are met in writing: 1) detailed allegation; 2) sum certain (total dollar amount claimed in damages); and 3) signature of legal claimant or attorney, if represented. A tort claim must be received by the proper agency within two years of the date the claim accrued.
The completed form can be emailed to ogc.torts@va.gov (hardcopy not required), mailed to the appropriate address below or faxed to (202) 495-5076.
OUR OFFICE CANNOT ACCEPT USB/FLASH DRIVES.
DO NOT SEND VA MEDICAL RECORDS. Our office has access to VA medical records.
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STATE |
MAILING ADDRESS |
PHONE NUMBER |
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AL, AR, AZ, CO, FL, GA, KY, LA, MS, MT, NC, OK, TN, TX, UT, WY |
Office of General Counsel (02) Waco, TX 76711 |
(254) 297-5300
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CT, DC, DE, MA, MD, ME, NH, NJ, NY, RI, SC, VA, VT, WV |
Office of General Counsel (021) Torts Law Group 810 Vermont Ave, NW Washington, DC 20420 |
(202) 461-4900 |
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AK, CA, HI, IA, ID, IL, IN, MI, MN, MO, ND, NM, NV, OH, OR, PA, PR, SD, WA, WI |
Office of General Counsel (02) One Veterans Dr., Bldg. 73 Minneapolis, MN 55417 |
(612) 467-5923 |
VA staffing handling Federal tort claims work for the Federal government and cannot provide legal advice with respect to the filing and/or adjudication of tort claims against VA or the United States.
What happens after my claim is received?
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- Your claim will be assessed for meeting the above requirements and assigned.
- An acknowledgement letter will be mailed to the address provided on the form.
- Our office will review the allegations, applicable medical records, conduct any necessary interviews, obtain a medical advisory opinion (if applicable) and review state and federal law for applicability to your claim.
- You will be contacted via U.S mail, email, or by telephone when a decision is made.
