1151 Claims

60 questions in this forum

1. Latest update for BVA hearing for 1151

   Latest update for BVA hearing for 1151. BVA hearing was March 2016. Was 6 months hospitalization and failed surgeries. Necrotizing pancreatitis and too many other problems to list here. 5 more appeals that were also suppose to be BVA hearings, but were never scheduled. My VSO asked the judge for those to be included as part of the 1151. On Ebenefits website, it says the VA worked on the BVA hearing decision yesterday, 06-21-16, the last date I saw progress was May 2016. There is no more info on what they were working on. I Only says there is, was/will be a BVA hearing. It's confusing because it doe not actually state whether the one BVA hearing was combined as reque…

   Asked by retiredat44, June 23, 2016

   0 votes
   13 answers
2. Adding on to 1151 claim award due to worsening condition

   So, back in 2017-2018 timeframe I was referred for some minor surgery at the VA on my butt to remove a polyp. Surgery happened in early 2018 and the recovery was nothing short of awful. In early 2019 after continued pain and other issues my PCP sent me back to the VA for revised surgery to fix the first one. This time I recovered better but still not great. I got an external IMO and submitted a claim late 2019 under 1151 and actually not long after received a 20% 1151 award for hemorrhoids. The IMO I got was nothing earth shattering so it must have been clear from the VA records that my surgery went amiss. Since then, while the hemorrhoids are still there I continue…

   Asked by Willypete, December 16, 2022

   0 votes
   2 answers
3. Possible serious data breech with delivery of C File

   I sent for my C File as I have on-going issues with VA Healthcare. It's a large file now as it goes back to 1978. I arranged for it to be digitized on a CD to be sent to me in Feb. When months went by and I did not receive it, I called VBA. It had been sent but somehow never delivered, in other words, lost in the mail. I again called VBA and expressed my concern that the data on the missing CD could be used for identity theft and frauds of various kinds and that this was a risky delivery method considering the current level of US Mail theft and tampering. I was finally connected to a "supervisor" at VA who assured me that the lost CD was "encrypted" and that I would…

   Asked by Subvet416, August 3, 2022

   • c file va claims st louis
   0 votes
   10 answers
4. Are disclosure of severe adverse events, and concomitant referral to the benefits application process, mandatory?

   My VAMC providers never disclosed to me adverse events in my care, or referred me to the benefits claim process. A VA employee told me I was not eligible for VA disability benefits in connection with VAMC delayed cancer dx. My VAMC then referred me - all at my expense (including ~ 8,000 miles transportation), to a civilian medical center for ~ 40 corrective surgery & radiation therapy treatments. Pain & scarring, depression, homelessness, bankruptcy soon followed. Eventually (2 years later) I came to know I was eligible for 1151 benefits, applied, and, after 2 more years, “won.” Currently rated 80% for pain & scarring, SC-MDD, but …

   Asked by UpToHere, May 4, 2022

   • veteran
   • vamc delayed cancer dx
   • 1151 win
   0 votes
   5 answers
5. Is 1151 only for damage done by VA directly or does it also cover "Care in the Community"?

   I never see this addressed.

   Asked by mb76, July 24, 2021

   • 1151
   0 votes
   9 answers
6. More info to 1151 claims

   There are over 2,000 1151 claims that were decided by the BVA since beginning of 2020 to present. Most were denied , some were remanded. This is one of many BVA decisions that explains 1151.Without a strong IMO/IME, the 1151 claim will fail , in my opinion, 99% of the time. The one % would be because a veteran or survivor supported the 1151 claim with medical evidence so probative, the VA had to award. I know that because I am one of the 1%. My FTCA case was why the 1151 claim succeeded. A full FTCA peer review was done, supporting all of my charges, because all of my evidence was read by a Cardiologist at VACO. "Under 3…

   Asked by Berta, July 9, 2021

   • more info 1151
   0 votes
   0 answers
7. Asthma question

   When I was child and early teen age years I had bad asthma, around 15/16 it went away, played football, ran track etc felt great. At 18 join the Marines never told them about the asthma,the recruiter told me just say no to any questions. I never had a problem in service (8 years 3 months) I was in Marine Air I was helicopter mechanic and crew chief on CH46. After I left the Marines back in 1988 had no problems until 2012 when asthma returned and stayed, I never smoke, the only connection I see is jet fuel and the chemical we used daily,, Do I have a case or am I barking up the wrong tree. Thanks for your input Ken

   Asked by Ken Dillon, December 26, 2020

   • asthma
   0 votes
   3 answers
8. 1151 Claim for DM 2

   I submitted a claim to service connect my diabetes mellitus II because my doctor never diagnosed my diabetes. I found out I was diabetic when I went to an urgent care and they did lab work and found my blood glucose over 400, A1c 13.4. I was transported to a local hospital by ambulance and spent 2 days in ICU and another day on the regular floor. I was diagnosed with diabetic ketoacidosis with acute kidney injury on May 19, 2019. I found note in my medical records where it said I was prediabetic on 9 Apr 2018, I don't remember ever having a conversation with my doctor telling me I was prediabetic. My A1c was 6.0 and blood glucose was 143. My A1c was never checked aga…

   Asked by jackjack37, December 2, 2020

   • claim denied
   0 votes
   19 answers
9. Service connecting from VA procedure

   So here is my question, I should start with asking what Form does a Widow use to file an 1151 claim. I know Berta has mentioned she had to use a different form that I did for a claim. And here is the 2nd part. A veteran goes in for a robotic procedure that's expected to take 3 hrs but it takes 6. Not a big deal, but when the Dr. comes out he tells the spouse and adult daughter that the Veterans heart stopped during the procedure (not related to the heart), but now everything is OK. Procedure went well. 10 days later the Veteran dies of Cardiac Arrest. So here is my question. Can the widow file an 1151 for the Cardiac Arrest that the Dr. told her occurred d…

   Asked by ROMAD, January 9, 2020

   0 votes
   6 answers
10. Veteran dies after surgery

    Just a question I am trying to get an answer to. I am working with a widow of a Vet that went in for Prostatectomy at the VA hospital. During the surgery he suffered Cardiac Arrest. He recovered from that and 10 days later died of Cardiac Arrest. Would this be a valid approach to filing an 1151? The doctor came out after the surgery and told the wife the reason the surgery took twice as long was because he was a big man and it took longer than normal. This is also the point he mentioned to the wife and adult daughter that his heart stopped. If this was due to the surgery, would that make his death service connected?

    Asked by ROMAD, January 7, 2020

    0 votes
    9 answers
11. SOL

    I had surgery 3 yrs ago for lung ca during the surgery I became very dry and a clot occluded my descending aorta 100%. Which caused acute bilateral claudication. I never knew why I had severe leg pain and couldn’t walk for 2 yrs after surgery when a NP slipped and said they let you get to dry. After surgery when they woke me up in surgery I was screaming in severe pain to the point they X-rayed my hips thinking I had a spontaneous hip fracture. My family heard me screaming when they called her to tell her I was ok. since I was never told the reason for the pain for 2 years can I still file FTCA claim or 1151 claim. Thanks

    Asked by ruby, January 4, 2020

    0 votes
    3 answers
12. Where I am with my 1151 claim

    So, it has been 4 years since my BVA hearing. On of the issues is the 1151. it was over the failed pancreatic procedures where everything went wrong. They were suppose to do fine needle aspiration of a8 cm cyst on the head of my pancreas. I signed a paper saying I understood that is what they were doing. The very long list of failures, and things that went wrong, also they did other things never discussed or agreed to before the procedure. There were also procedures which included trying to insert a Stent, somewhere in a tube (pancreas, liver, etc.), but the tube broke, ripped, tore open, etc.The complications are an extremely long list. Portal Vein thrombosis and Splenic…

    Asked by retiredat44, October 16, 2019

    0 votes
    16 answers
13. Pain issue VA withdraws pain meds in Oklahoma due to opiod crisis

    For 20 years I've been taking pain meds for a surgery the VA performed in 1994 partial nephretomy kidney. I've had nerve pain every since. I just relocated to another state a year ago, and the VA here refuse to continue to treatment me with pain meds. I'm wondering how to handle this issue. I've gone through the pain clinic in Los Angeles some years ago, was put on the meds for pain. Now this abrupt denial of treatment for something that is a result of surgery caused by the VA. I have a 1151 issue that Berta and I discussed sometime ago. The doctors prescribed the medication for pain in LA, it appears some of the meds were apparently at the new VA no…

    Asked by theo, May 14, 2018

    0 votes
    4 answers
14. what is 1151 used for?

    Is a 1151 used as a claim? or seen as a claim? If a veteran was injured by the VA Dr or VA Resident from neglect care or improper care, can the veteran file a 1151 ? but not cause death can the veteran sue the piss out of the VA for improper care and neglect health care that cause the veteran more pain and anguish or would he need to sue the Dr or Resident that caused this improper health care.???

    Asked by Buck52, July 8, 2019

    0 votes
    3 answers
15. 1151 payment

    How is the 1151 payment awarded? For example, if I'm currently service connected at 50% for condition X, and got awarded 100% thru the 1151 process, would I still be able to legally work?

    Asked by creek chub, July 5, 2016

    0 votes
    22 answers
16. Section 1151 and TDIU

    I sure learned something the other day and want to post it here if anyone ever needs it-it is the sole decision at the BVA on this issue: "With respect to whether the Veteran met the schedular criteria for a TDIU prior to September 20, 2010, he was in receipt of section 1151 compensation for the following disabilities prior to that date: adjustment disorder with mixed anxiety and depressed mood, rated 10 percent disabling from April 16, 2001, through August 21, 2008, and 30 percent disabling from August 22, 2008, through September 19, 2010; and status postoperative right inguinal hernia repair with nerve entrapment syndrome involving fibers of the right anter…

    Asked by Berta, May 5, 2019

    0 votes
    0 answers
17. 1151 claim or service connected in need of help

    am trying to prepare a 1151 claim for my father in 2011 he underwent a C3 to C5 laminectomy with C3 to C6 fusion for cervical stenosis starting in 2013 we notice he was slightly forwardly bent over, and difficulty walking as well as difficulty standing up right. 2015 he was diagnosis with KYPHOSIS and walks with the aid of a rolling walker limited mobility he sign an informed consent. and the VA is not at fault. and the conditions stated are mention in the consent form, today he is severely forwardly bent over, difficulty standing up right, with limited mobility walking with aid of a rolling walker. how can I argue a winning chance . the service connected …

    Asked by veteran, April 11, 2019

    0 votes
    4 answers
18. 1151 claims and OGC Pres Op -08-97

    I have searched BVA, CAVC, and talked to a few lawyers about this-over the years, and never found anyone who challengd a 1151 decision with this regulation: So I have done that that. My husband was 100% P & T SC for PTSD and also 100% P & T for a Section 1151 Stroke that contributed to his death. I have 4 separate DIC theories of entitlement - 2 under1151 and 2 under direct SC.....my original 1151 DIC was turned into direct DIC in 2009. The OGC Pres Op - written after the 351 moratorium I was in, ( 351 became 1151 in 1997) states in part: .” We stated that “the language and legislative history of [38 U.S.C. § 351] make clear that …

    Asked by Berta, December 5, 2018

    0 votes
    6 answers
19. Disability due to VA negligence

    I had a right knee Arthroscopy Surgery on my right knee in 1997 and ended up with Stapf Infection about a month later. I was admitted to the Veterans Hospital in Denver, Co. and spent 6 weeks in the nursing home there on antibiotics. They had to operate on my knee while I was there to clean out the infection from staff. After I was discharged I found out what staff infection was and filed a Form 95 against the VA for Malpractice. In 2001 I received a settlement from the Veterans Administration for the sum of $40,000.00. I have heard that you can file a Form 1151 for non-service disability due to VA negligence. I am wondering if I can still file that, and what will I need.…

    Asked by htway750, August 19, 2018

    0 votes
    7 answers
20. SC comp and 1151 comp

    If you have both award(s) for a SC disability and also award for a 1151 disability ( Section 1151, 38 USC ) please go over VA General Counsel Pres Op # 08-97 to see if VA properly applied it to your claim. If you were awarded a FTCA case, as well as a 1151 award for the same malpractice, you need to be aware of the offset provision in M21-1MR, Part IV, Subpart ii ,Chapter 2 Section G. I know VAOGC Pres Op #08-97 is still relevant and has never been changed and was used in my Nehmer AO death (IHD) decision.(2012) The offset provision in M21-1MR does not apply to me or to my deceased husband.But does apply to many 1151 awards if a FTCA case was s…

    Asked by Berta, August 17, 2018

    0 votes
    1 answer
21. I see that this is also used for voc rehab

    Just try to find out were I can search this type of cases that involved ch 31.

    Asked by Mr cue, July 26, 2018

    0 votes
    2 answers
22. 1151/FTCA claims Read first

    There is additional information here on these types of claims but this might simplify the info: There are 2 main ingredients to proving a Section 1151, 38 USC claim. This goes for veteran’s with what they fully believe are 1151 issues as well as survivors of veteran who feel the VA caused or contributed to their spouse’s death. 1.Documented medical proof of a ratable disability or death directly due to VA malpractice. 2.Documented medical proof of the malpractice/negligence that caused the additional disability or death. If anyone ,with what they feel is a basis for a valid 1151 claim, does not attempt to get a strong I…

    Asked by Berta, March 8, 2017

    0 votes
    5 answers
23. Another potential wrongful death-Visn# 1

    https://www.va.gov/oig/pubs/VAOIG-17-04354-187.pdf VISN # 1 overs New England area- hope the family sues

    Asked by Berta, July 2, 2018

    0 votes
    0 answers
24. Puzzled and would like others opinions

    What are your thoughts on if you discovered a VA Registered Nurse practicing at at the VA as Certified Nurse Practitioner? I checked with the States licensing officials and this nurse doesn’t have the proper license as a CNP. This lady is treating veterans and signing off on veterans C&P’s for years. No telling how much damage she has done.

    Asked by Sailorman, May 17, 2018

    0 votes
    13 answers
25. 1151 Claim filed...

    I filed an 1151 claim back on Nov. 28, 2017. This claim is for 2 issues arising from improper medical care and direction given by PCP. First issue is for skin disorder and second is for scarring. I presented to the PCP in March 2017 with what I thought was a common jock itch/rash in my groin area. The PCP prescribed a steroid cream and antifungal pill. Initially my symptoms cleared up quickly. Then just prior to my 6 week follow up appointment with PCP, my skin in the groin, thighs and testical areas became extremely red and inflamed. At the follow up my PCP directed me to continue using the steroid cream and once again prescribed an antifungal medicine. Never once d…

    Asked by maine1963, January 18, 2018

    0 votes
    3 answers