1151 Claims

60 questions in this forum

1. Has Negligence Always Been Required For An 1151 Claim?

   I thought that at one point in time a veteran didn't have to prove negligence. Am I wrong?

   Asked by GuaymasJim, September 6, 2013

   0 votes
   7 answers
2. Can You File An 1151 Claim If You Had Diplopia An Surgery At Naval Hospital Made It Worse After 2 Failed Surgeries?

   Hello all, I was trying to research some information for my brother. He is a Marine corps veteran who developed diplopia while in service. Also while in service they performed 2 surgeries that made the condition worse!! The recommended he for a 3rd surgery but this time with a specialist. He is currently service connected at 30 percent for diplopia. Could he file an 1151 Claim if the surgery was performed at a Naval hospital while in service? and if so would it be a CUE for them not automatically applying this regulation? Thanks for your help in advance, Shyne

   Asked by Shyne-I, July 22, 2013

   • 1151
   • naval hospital
   • failed surgeries
   0 votes
   2 answers
3. 1151 Claim Just To Prove Diagnosis.

   This may sound odd but work with me on this tactic. In March 2010, I had a spinal fusion L2- S1 at the VA . The stated reason was DDD and spinal stenosis. I has a C&P exam in July 2010, in which the examiner denies my claim for spinal stenosis because of lack f diagnosis and no radiological evidence. The surgery included 4 laminectomies.Neurosurgeon who refuses to get in involved states to me " They guys is an idiot, what the F***! does he think the surgery was for?" My thought is that one of them must be wrong. Either the C&P examiner didn't look at my records very hard, or my surgeon performed an unnecessary surgery. So can I get the VA' s own lawyers to prove m…

   Asked by kymike, February 3, 2013

   0 votes
   4 answers
4. tdiu The Current Backlog Stats As Of 7/10/2012

   Excel Link http://www.vba.va.gov/REPORTS/mmwr/index.asp Compensation and Pension Entitlement # Pending # Pending Over 125 % Over 125 918,819 608,058 66.2% July 7, 2012 Compensation and Pension Rating Bundle # Pending # Pending Over 125 % Over 125 882,647 584,675 66.2% Compensation EP # Pending # Pending Over 125 % Over 125 Entitlement (Original and Supplemental) 843,533 571,682 67.8% Original Entitlement - Veterans1 Initial entitlement decisions for Voc Rehab 095 2,349 1,995 84.9% Initial entitlement for service-connected disability (=>8) 010 75,080 53,613 71.4% Initial entitlement for service-connected disability (<=7) 110 235,706 160,258 68…

   Asked by RonP, July 10, 2012

   0 votes
   0 answers
5. 1151 Exclusions Removed Champva Allowed? H. R. 843

   Under this act all exclusions are removed, How can CHAMPVA write their own law? The exclusions for 1151 were removed under this how can CHAMPVA be denied? ""‘© A qualifying additional disability or a qualifying death under this section shall be considered to be a service-connected disability, or a death due to a service-connected disability, for purposes of all laws administered by the Secretary.’.""" NOTICE THE WORD "ALL" Laws administered by the Secretary... HR 843 IH 108th CONGRESS 1st Session H. R. 843 To amend title 38, United States Code, to provide full service-connected disability benefits for persons disabled by treatment or vocational rehabil…

   Asked by Jason Kahl, July 9, 2012

   0 votes
   6 answers
6. 1151 - Example For Proper Documentation

   Here's a claim for 1151 for the veteran's death. Dr Bash helped provide the correct type of medical documentation that's needed to get 1151's granted. This is good as research of 1151's and what must be of record. http://www.va.gov/vetapp11/Files3/1127261.txt Citation Nr: 1127261 Decision Date: 07/21/11 Archive Date: 07/29/11 DOCKET NO. 05-17 382A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUE Entitlement to compensation under 38 USCA § 1151, for the Veteran's death. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNE…

   Asked by carlie, June 28, 2012

   0 votes
   1 answer
7. Exploding Eyeball During Va Surgery

   Monday, May 14, 2012 VA Pays $925,000 in Bridgeport Exploding Eyeball Suit From CTpost.com "The U.S. Department of Veterans Affairs agreed Monday to pay $925,000 to a man whose eyeball exploded during a routine outpatient cataract operation at the West Haven Veterans Affairs hospital. The settlement, on behalf ... " Full story at http://eyewiretoday.com/archives.asp?c=61

   Asked by Berta, May 14, 2012

   0 votes
   9 answers
8. Form Number For 1151

   what form is specifically used to claim the medical malpractise ...is it the sf form 95?? im confused

   Asked by kimmig, May 1, 2012

   0 votes
   1 answer
9. ptsd Sec 1151 And Sc Comp For Same Disability

   I was checking my AO award to see if I was underpaid or worse yet Overpaid! But the amount so far is correct and I need to get something from my C file for NVLSP to consider as to whether my EED is correct. My situation sure doesnt happen often but it could happen to someone else. If you are awarded both SC disability and then Sec 1151 for the same disability, then there are favorable offset rules that are found within M21-1MR,Part IV, Subpart ii, Chapter 3, Section D which can be googled and you can download and open the entire Chapter 3,Section D that could apply to the compensation you receive. This has nothing to do with offsets under a compromise,settl…

   Asked by Berta, March 1, 2012

   0 votes
   0 answers
10. Hep C Claim Granted Under Section 1151

    I haven't read any recent 1151 claims at the BVA in quite a while and was shocked to see this award under Section 1151. 38 USC. The veteran was deceased. The Hep C awards at VA are very few and far between.The Vietnam Veterans of America won the first Hep C -air gun innoculation claim many years ago. http://www.va.gov/vetapp11/Files2/1115058.txt “ORDER Compensation benefits under the provisions of 38 U.S.C.A. § 1151 for additional disability in the form of increased neurological findings involving the left lower extremity approaching left foot drop due to medical treatment at VA in July 1987 for accrued benefits purposes are granted. Compensation b…

    Asked by Berta, February 8, 2012

    0 votes
    0 answers