Smc Questions

[Berta]

Pete, the VA has never put a timeline on Section 1151 claims.

I am preparing a new one myself on my husband's death, almost 18 years ago.

This recent December 2011 remand, in which the veteran had retained an attorney, is for Section 1151 award due to VA prescribed Avandia causing the veteran's CAD.

http://www.va.gov/ve...es5/1146553.txt

The attorney provided significant evidence and the claim was remanded for a C & P exam as follows:

“The examiner should identify all current cardiovascular disorders. For each diagnosis identified, the examiner should indicate whether there is any additional disability following medical treatment furnished by VA, including the prescribing of Avandia (Rosiglitazone) in May 2006 to January 20077, and from April 2007 until August 2007 to treat diabetes. The examiner should also consider the notation in July 2007 indicating that his cardiologist recommended he be taken off Avandia because he was having so much heart trouble, and be switched to Byetta, as well as the other medical evidence including the medical articles regarding Avandia of record. The examiner should specifically be asked to provide an opinion as to whether any additional disability shown after VA treatment (including the prescribing of Avandia) was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part in furnishing the medical treatment or whether the outcome of the treatment was an event not reasonably foreseeable. To make this determination, the examiner should consider whether the Veteran's treating physicians exercised the degree of care that would be expected of a reasonable health care provider. The examiner should also address whether the Veteran was reasonably informed of the possible risks of this treatment. (The term "at least as likely as not" does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of a certain conclusion as it is to find against it.) Each opinion should contain comprehensive rationale based on sound medical principles and facts. “

I have suggested here a few times we should -if on a BVA remand-try to follow BVA remand instructions themselves.

The remand in this claim above shows you exactly what the VA will need for a similiar Avanida 1151 claim.

In my remand from the BVA, when they asked for a cardio opinion, I ordered one too.I didnt need it and rattled all that off before here but my point is-as a Section 1151er myself-

VA will do all they can NOT to award 1151 and therefore a claimant needs a very strong IMO from a real doctor, whose credentials outweigh any bogus VA opinion.

The claim I refer to was my 2003 AO DMII claim. It was in essence definitely another 1151 claim but I could not file it that way.as I already had won 1151. Still my point is how important it is to get a strong IMO ( I had 3) for Section 1151 claims.

As to what you stated here you might have a strong basis for a 1151 claim charging that the Avandia caused or contributed to additional cardiac disability.

A strong IMO for the above remanded BVA claim is all the veteran needs, in my opinion, if the next C & P denies his claim.

Yes I would certainly raise the 1151 issue if were you Pete.There are a few more Avandia claims at the BVA but I dont have time to read them.

Avandia was found to cause or contribute to addition disability in patients taking it, Nationwide.

For a veteran that can mean it caused or aggravated a SC or NSC disability which VA would have to rate, on the level of disability it caused, under Section 1151,38USC.

The full gamit of Section 1151 is in our FTCA forum here.

Edited May 14, 2012 by Berta

[Pete53]

My Avandia Lawyers advise me I am in last group of settlement and that there is sufficient evidence that Avandia lied to Docs about test results that they knew. Supposedly within the next 60 days I will get an offer for cash. I am thinking of contacting my lawyers for more info on the claim itself before an agreement is made to hide everything from the public which often happens. My only proof will be a check and agreements that I have signed.

Thank you Berta you have helped me as I had thought there was a time limit on 1151 claims. I guess I really need to dig into 1151 and also because of the way the VA operates and continues to shaft Vets when they know that they have claims and do not inform them. Its like when the DA does not turn over information to the defendants attorney that is required.

I had a close call a week ago when I fell and struck my eye on the corner of my night stand an an intern scheduled me for surgery and than said it was a mistake when I said I would not agree to it till I talked to the Doc in charge. Obviously the Doc did not want to see me and Tuesday I was given a clean bill of health