The Eagle Review - Federal

Federal Tort Claim Against the Veterans Affairs is Suspended

A Federal Tort Claims Act (FTCA) submitted to the Department of Veterans Affairs (VA) has been suspended based upon a reconsideration request.

The claim was initially denied by an Attorney the claimant use to work with, and seems to provide a conflict of interest.

Also, the Attorney improperly denied the claim by citing the claimant needed to file under 42 USC 1983 for a Bivens lawsuit; however, the FTCA does not grant a claimant raising Civil Rights Violations by the VA to be filed under Bivens.

For the aforementioned reason, the claim is now suspended and awaiting further investigation