Vietnam Veteran's FTCA Suit Against the Government

By FindLaw Staff on July 23, 2010 | Last updated on March 21, 2019

Roman-Cancel v. US, 09-2311, concerned a challenge to the district court's dismissal of the Federal Tort Claims Act  (FTCA) claim, in a Vietnam veteran's suit against the government under the (FTCA), arising from the VA's decision in 1975, lowering the plaintiff's disability rating to 70%, which was returned to 100% by the Board of Veterans Affairs in 2001 along with an award of retroactive benefits totaling $33,905.11.  The court affirmed the dismissal, but on alternative holdings as plaintiff's suit is untimely because under section 2401, plaintiff had six months within which to sue after the denial of the relevant administrative claim.  The court also held that the plaintiff did not file either administrative claim with the VA within two years after his cause of action accrued.

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