Veterans are not provided care without charge for non-service connected disabilities if one or more of the following is responsible for the cost of that care:
The VA’s “reasonable charges” are determined in accordance with federal law and regulation. The regulation contains formulas to determine the charge for the care which take into account the type of care and other variables such as the geographic area where the service was provided. All rates are published in the Federal Register. 38 C.F.R. § 17.101(a)(2).
Not usually. The government may independently institute an action for recovery in federal court; it may intervene in the underlying case and seek removal of the case to federal court; or, it may assert a subrogation claim in the underlying case. Unless otherwise advised, VA asserts a subrogation claim rather than exercising the government’s right to institute an action or intervene. In so doing, VA works collaboratively with the Veteran and the Veteran retains control of the personal injury/workers compensation case. 38 U.S.C. § 1729, 42 U.S.C. § 2651.
Care of a service-connected disability is not reimbursable to VA under this program unless an accident or incident resulted in additional care for the condition. Under those circumstances, the responsible third-party payer would be responsible for reimbursement to VA for the additional cost of care that was related to the accident/injury. 38 U.S.C. § 1729, 42 U.S.C. § 2651.
The United States Government directs the recovery units to send this form to the Plaintiff’s attorney to ensure cooperation and seek written agreement that the Government will be protected in the injured parties action through subrogation. This document acknowledges the VA’s claim pursuant to 32 C.F.R § 757.18. The FMCRA provides VA with both a subrogee/intervention right and an independent right of recovery to payments when a third party is responsible for payments for all or part of the same medical treatment for which VA provided or made payment to a non-government provider.
No. The Government asserts a prohibition from paying private counsel fees pursuant to 5 U.S.C. § 3106.