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Appeal - 14135_322
Compensation  under  the  MCA  for  personal  injury or  death  will  include  items  such  as  medical  expenses, lost earnings, diminished earning capacity, pain and suffering,  and  permanent  disability.  Usually,  local standards  are  applied. The   following   amounts   are   excluded   from   a claimant’s  MCA  recovery: Interest Cost  of  preparing  the  claim Attorney’s  fees Compensation  for  inconvenience  to  the  claimant The Department of the Navy may pay MCA claims up to $ l00,000. If the Secretary of the Navy considers that a claim in excess of $100,000 is meritorious, a partial payment of $100,000 may be made with the balance  referred  to  the  General  Accounting  Office  for payment  from  appropriations  provided  therefore. STATUTE OF LIMITATIONS A claim under the MCA may not be paid unless it is presented in writing within 2 years after it accrues. The statute of limitations may he suspended during time of armed conflict. The rules governing presentment of the claim are substantially similar to those under the FTCA. PROCEDURES The  investigation  and  adjudication  procedures  for MCA claims are substantially similar to those for FTCA claims. In fact, many claims paid under the MCA were initially presented as FTCA claims. The significant procedural differences under MCA are as follows: . Advance payments. In  limited  circumstances, the Secretary of the Navy, or a designee, is authorized to make an advance payment not to exceed $1,000 to, or on behalf of, any person suffering injury, death, or property damage resulting from an incident covered by the  MCA  or  the  FCA.  This  payment  may  be  made before the claimant presents a written claim. Advance payments may be made only when the claimant or the claimant’s family is in immediate need of funds for necessities (shelter, clothing, medical care, or burial expenses).  Other  resources  must  not  be  available,  An advance payment is not an admission of government liability.  The  amount  of  the  advance  payment  will  be deducted  from  any  settlement  subsequently  authorized. 12-13 .  Dollar  limits  on  adjudicating  authorities.  FTCA adjudicating  authorities  also  adjudicate  MCA  claims. Dollar limitations are set forth in par. 9, enclosure (2) of JAGINST  5890.1.  All  adjudicating  authorities  may make  advance  payments. . Claimant’s right to appeal. There is no right to sue under the MCA after an administrative denial of an MCA claim. If an MCA claim is denied, in whole or in part, the claimant may appeal to JAG within 30 days after  the  denial. Claim Form A  claim  is  correct  in  form  if  it  constitutes  written notification of an incident, signed by the claimant or a duly  authorized  agent  or  legal  representative,  with  a claim for money damages in a sum certain. A Standard Form 95 is preferred. A claim should be substantiated. A claim must be substantiated as required by JAGINST 5890.1 in order to be paid. A proper claim maybe amended by the claimant at any time before final denial or payment of the claim. An amendment is submitted in writing and signed by the claimant   or   a   duly   authorized   agent   or   legal representative. Payment Claims  approved  for  payment  are  sent  to  such disbursing officers as are designated by the Comptroller of the Navy for payment from appropriations designated for that purpose. Final Disposition The  adjudicating  authority  notifies  the  claimant,  in writing, of the action taken on the claim. A final denial, in whole or in part, of any MCA claim will be in writing and sent to the claimant, or his or her attorney or legal representative,  by  certified  or  registered  mail,  return receipt requested. The  notification  of  denial  will include a statement of the reason(s) for denial and that the claimant may appeal. The notification will also inform the claimant of the following: l c The title of the appellate authority who will act on  the  appeal  and  that  the  appeal  will  be addressed  to  the  adjudicating  authority  who  last acted on the claim. No form is prescribed for the appeal, but the grounds  for  appeal  should  be  set  forth  fully.

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