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1151 Claims

Claims under 38 U.S.C. § 1151

Benefits for additional disability or death caused by VA medical care is government by 38 U.S.C. § 1151. Claims under § 1151 are a different species than service-connected disability claims, but they are compensated in a similar manner as service-connected disability claims. To prove a § 1151 claim, a claimant must show that the veteran’s death or his additional disability was caused by negligent VA medical care or by some unforeseeable complication of the VA medical care.

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  1. More info to 1151 claims

    Asked by Berta,

    0 votes
    0 answers

  2. Section 1151 and TDIU

    Asked by Berta,

    0 votes
    0 answers

  3. Another potential wrongful death-Visn# 1

    Asked by Berta,

    0 votes
    0 answers

  4. original 351, 38 USC-aka Section 1151, 38 USC

    Asked by Berta,

    0 votes
    0 answers

  5. ---------

    Asked by 63Charlie,

    0 votes
    0 answers

60 questions in this forum

  1. Potential 1151 Claim

    I am so grateful for all the assistance and helpful advice that I have received from the many caring people on this site. Approximately a year ago, I was finally awarded TDIU (IU) through the VA after a long six year battle. As a result I am entitled to all the "bells and whistles," it provides. Fast forward to May 17th of 2017, when I was scheduled to receive my much needed dental implants. I went in for the procedure and met a young dental intern "doctor" who looked to be around 23 years of age. In spite of my nervousness, I allowed her to proceed with the surgery. These medical students typically work at the VA for one year or so for the experience, then leave to jocke…

    Asked by Bigkevo44,

    0 votes
    4 answers

  2. 1151 Claim

    My claim was denied because they VA said the damage was done by their educational partner, Univ of Missouri and not at a V facility. The VA sent me there and paid for the 5 surgeries and above knee amputation. Has anyone faced this type of denial?

    Asked by Pegleg,

    0 votes
    7 answers

  3. SF - 95 Tort Claim

    Are you a potential class representative for a class action re: deceptive practices that have denied veterans compensation? Cerebral Malaria victim who had hospital summary of rehabilitation instead of acute phase and not stated as rehab summary inserted in military health record leaving VA physicians and adjudicators to believe the case of malaria was mild. TBI victim who has others complain that you are "drifty", unable to concentrate, frequent loss of train of thought, motor vehicle accidents and frequent near accidents, etc. indicating partial or complex partial seizures that have gone undiagnosed. Self denial is usually indicative that you have become anos…

    Asked by Lemuel,

    0 votes
    21 answers

  4. 1151 or not?

    I'm wondering if I have a 1151 claim. I have bad teeth I believe related to psychological disorders(100% P&T), GERD(denied), and bruxism(not yet claimed). In 2014, before becoming 100% P&T, I was in VR&E. While in VR&E, I was seen by the VA dentist who approved outside dental care for full extractions and dentures. For a variety of reasons, I never got past a few extractions and moved halfway across the US. In December 2016, I went to the VA hospital dental clinic in a emergency to have a tooth extracted. The dentist decided I needed all my upper teeth removed. I agreed. The VA dentist mostly agreed with the previous plan for full extractions and dent…

    Asked by bleggett29,

    0 votes
    1 answer

  5. Is it something I'm missing regrding 1151 claim

    I had a kidney cancer partial nephrectomy in 1994. The surgery left a incisional hernia that causes a lot of abdominal pain, and I''ve been taking narcotics pain meds since the surgery. I've been denied a number of times for a 1151 claim for this. I'm service connected for TB, asthma, copd, severe rhinitis considered unemployable in 2008. My questions is what am I missing regarding fault of the VA of this issue? I did not sign up for the pain post surgery complications for all these years. Is there a certain language that addresses the law that governs 1151. My appeal after 81/2 years is back at the Appeals Board. We will see what happens this time wh…

    Asked by theo,

    0 votes
    5 answers

  6. original 351, 38 USC-aka Section 1151, 38 USC

    https://community.hadit.com/topic/70241-cue-for-peripheral-neuropathy/?page=2#gsc.tab=0 This post contains a link from the member to Look V Derwinski. The entire case is there. This could possibly affect anyone with an older 351 claim or even someone with a new claim under 1151, because they had an older award under 351, but still suffer for increased disability due to the 1151 malpractice/negligence. I was very happy to read it because it will help ,maybe, in a complaint I have against the VA.(well one of the complaints---I am attacking them on 2 separate issues)

    Asked by Berta,

    0 votes
    0 answers

  7. 1151 v Tort claim Technical Questions

    Does anyone know if it's true that tort award funds are deducted from 1151 award funds? Is 1151 a lump sum or is it payments? There is another Veteran's community website where a senior person says, and I quote, "any amount that you receive under the tort will be deducted from the 1151 payments". I thought 1151 was for additional disability caused by less-than-standard-care and tort's were for all the rest including loss of consortium etc etc. Thanks again, A/Owife ps - thanks broncovet!

    Asked by AgentOrangeWife,

    0 votes
    5 answers

  8. Widow,widower's Section 1151 Claims

    In answering another post here today I realized that maybe I never made this point before as to DIC claims under Section 1151. The 21-534 must be filed within one year of the veteran's death for an EED back to the date of their death. Otherwise the VA,if the DIC claim succeeds, will only award back to the claim date. But that isnt my point as that info has been here for years. I feel that although the DIC might be based solely on a 1151 issue,the survivor should always make a formal claim for direct SC death due to service,ever if it appears the medical evidence would not warrant that finding at all. (but one never knows) On my 534 I checked yes for any SC…

    Asked by Berta,

    0 votes
    9 answers

  9. Read First before claiming Section 1151

    I have posted extensive here on this type of claim. Here is a brief run down from the VA. http://www.benefits.va.gov/COMPENSATION/claims-special-1151.asp VA says they have a 1151 form on line now: But this is all I get from VA and this separate link: https://www.pdffiller.com/en/project/81839399.htm?f_hash=d9744d&reload=true What form? None appears at any link. I never used a form for my 1151 claims . The Order of the Purple Heart gives a clear explanation of these types of claims: http://www.purpleheart.org/serviceprogram/Training2013/10-M--1151 Claims-Maria.pdf There are many nuances to 1151 issues, so…

    Asked by Berta,

    0 votes
    1 answer

  10. lost one leg, negligence

    I filled a 1151 claim , April 15, 2016, I lost my leg last year, do to negligence from the VA Doctors, what should I expect, and what should I do ? I lost my leg a year ago.

    Asked by richard palmer,

    0 votes
    16 answers

  11. ---------

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    Asked by 63Charlie,

    0 votes
    0 answers

  12. ...................................................................................

    .....................................................................................................

    Asked by 63Charlie,

    0 votes
    2 answers

  13. Privacy

    is a 1151 claim a sound approach for an illegal medical records access by a va executive into a veteran's records who is also a va employee? Or is ftca a better approach?

    Asked by creek chub,

    0 votes
    19 answers

  14. Whistleblower dies

    http://www.cnn.com/2016/01/27/us/barry-coates-dead/ Barry Coates, the first veteran to tip everyone off about the unconscionable VA wait times that caused his cancer to spread ,has died. I hope he took some form of legal action against them ( FTCA or 1151 or both) in his lifetime, or that his surviving spouse will. This is why my husband, dead at 47 years old, (like Barry) Is dead….due to VA's failure to diagnose and treat,causing additional disability and then death.

    Asked by Berta,

    0 votes
    1 answer

  15. 1151 Payment Regs :as To Two 100% Ratings,one Sc , The Other 1151

    Posted it before but not as detailed: I hope no vet or their survivor even needs to use this regulation but here it is: If ever needed by anyone An established 100% SC P & T disability plus an established independent 1151 100% P & T disability is paid as within these 1151 M21 regulations. The payment should be 100% for the SC AND Payment for the 100% 1151. The VA takes the SC 100 % and subtracts the 1151 100% and per Section 35 G, under 35 b, Step 3. Their is no payment offset from the 100% SC to the 1151 100% and vice versa. Section G. Benefits Under 38 U.S.C. 1151 Overview In this Section This section contains the following topics: Topic…

    Asked by Berta,

    0 votes
    13 answers

  16. 111111111

    11111111111

    Asked by Knwldg909,

    0 votes
    5 answers

  17. More 1151 Info

    I say here sometimes everything I know about 1151 is in our 1151 forum....but actually I think most of it is in the FTCA forum. Here are some of those posts in the FTCA forum that explain 1151 : The documented medical evidence needed is the same for both types of claims. There are reasons whereby a claimant might not want to file under FTCA and that it would benefit them more to file under 1151. Then again this vet continued his claim into the Federal Circuit court and received a settlement so large that he really didnt need to file 1151. "The case went before Senior U.S. District Judge James Munley for a nonjury trial in September 2012. In a 69-page ruling i…

    Asked by Berta,

    0 votes
    23 answers

  18. Adding More To 1151 Topics

    Some Section 1151, 38 USC situations here seem obvious and worthy of filing a valid 1151 claim. But then again, within the confines of the internet and what we post or read here, we really do not have all of the facts ...facts that might not indicate malpractice occured at all.. For example..there was a lot to the Viegas V Shinseki case: http://www.plainsite.org/dockets/sk6n3453/court-of-appeals-for-the-federal-circuit/viegas-v-shinseki/ The case had to be appealed to the Federal Circuit and finally Viegas got a positive result. Other cases do not fall into the actual 1151 criteria at all: https://www.law.cornell.edu/uscode/text/38/1151 and more info here: http…

    Asked by Berta,

    0 votes
    0 answers

  19. How Long To File A 1151

    Is the statue of limitations longer than 2 years Thanks LLoyd

    Asked by LLoyd USMC,

    0 votes
    1 answer

  20. Does This Qualify?

    Hello everyone, I've already posted on this forum, but not this section... Where do I find the right forms for an 1151 claim? Below you will find a synopsis regarding my situation with the VA. I want to thank you for taking the time to review the paperwork and documentation regarding my claim with the Department of Veterans Affairs. This letter serves as a brief explanation and background regarding the claim and surrounding issues I have dealt with over the past two years. Cliff notes are at the bottom for a quick overview. In 1998, while serving on active duty in Nebraska, I injured my left shoulder. I went to the doctor, and was given M…

    Asked by Tampabud,

    0 votes
    6 answers

  21. 1151 For Ptsd

    x

    Asked by mbl22885,

    0 votes
    13 answers

  22. 1151 Claim

    hi; my question; I am sc 10% (1151) for residuals of hernia surgery, nerve entrapment, 1995. had ongoing treatments for residual then in 2012 had bilateral hernia surgery (right recurrent). I developed ileus was sent to va ER. Had procedure with neostigmine to correct condition but had myoclonic seizure during procedure that led to 26 day hospital stay. filed for additional disabilites resulting from seizure,was denied stated that …

    Asked by cattin,

    0 votes
    3 answers

  23. How To File 1151 Claim

    How do I file an 1151 claim? Are there specific forms, etc?

    Asked by vern2,

    0 votes
    1 answer

  24. 1151 Claim

    I HAVE JUST READ THE C&P EXAM FOR THE 1151 CLAIM I SUBMITTED ON 7-2012 THE EXAM WAS DONE BY THE VAMC IN NE ON 9-4-2013, AND HAD DISCREPENCIES. MY QUESTION IS THE CLAIM JUMPED UP TO PENDING DECISION APPROVAL, IS IT TO LATE TO SUBMIT ADDITIONAL EVIDENCE FOR THE CLAIM.

    Asked by jackdays,

    0 votes
    5 answers

  25. 1151 Claim Inquiry

    Berta/Hadit Team, I'm considering an 1151 as I didn't know I could do one if I settled a FTCA with the VA regional counsel and looking for some advice on whether I should or not based on the below. Some background; the VA settled and FTCA I filed due to negligence from the dentist that caused me to lose my tooth; he kept giving me antibiotic meds (AM) for a recurring infection even after my private dentist said over the same 4 month period that I needed a root canal or I will definitely loose the tooth; VA dentist basically didn't agree because he kept putting me on the AM. Private dentists wrote a letter explaining what he had advised on two separate occasion…

    Asked by MRRRR5,

    0 votes
    6 answers
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