Va 1151

[Maurice]

Have anyone won a 1151 VA claim? I put in a 1151 VA claim in Jan 2009 for prostate cancer surgery that the VAMC did on me. Something went wrong and the VA never inform me............/......How long does it take to get an answer? Thanks you Hadit. Veterans friends

[carlie]

Maurice,

Don't hold your breath - nothing goes fast including 1151 claims.

Berta will probably post to this thread tomorrow.

carlie

[Maurice]

Thanks you for yours answers.

[Berta]

I would double check to make sure they still have the claim-

you wont get a VCAA letter- they don't make these claims easy-

I re-opened a 1151 claim my husband had filed 6 months prior to his death at Buffalo RO.It took over 3 years and many denials.

A Vietnam vet friend of mine who was at the funeral- came over months after Rod died to see me-he had been recently hospitalized by VA and what he told me had me typing out a 1151 claim for him.

He didnt understand it but I begged him to trust me and mail it as soon as he left my house.

In less then 5 months he got a letter from VA and came over with it because he didn't understand it.

It was an award letter -100% SC plus SMC-under Sec 1151.

Most 1151s don't go that fast at all.

They need prove of medical negligence and also proof of additional disability or death -that resulted from the negligence.

Do your medical records clearly show that 'something went wrong'?

My 1151 claim was 2 fold and I had filed FTCA also.

The FTCA claim was granted by settlement before the 1151 claim was.

I had proven for both issues- medical malpractice at one VAMC and then cover -up of the initial medical malpractice at another VAMC - 6 years of med recs involved -which VA agreed- after over 3 years -had caused my husband's death.

The VA admitted they had misdiagnosed my friend's cancer of colon as hemmoriods and had potentially shortened his life.

[Berta]

Forgot to add- these claim often need a strong IMO-

I was told by VA many times that I was not competent enough to prove malpractice since I am not a doctor-

but they were ignoring the medical evidence-which any person was competent enough to read-

It was not easy to succeed but I was persistent.

But when I re-opened my DIC claim I had found the true cause of the 1151 disabilities-

Agent Orange-

For the re-open I had 3 IMOs and had just paid for a fourth-when the BVA read my evidence after 6 years in which the RO never did- and the claim was awarded this past April.

All of the research and work I had done for this claim-all which the VA had ignored-was totally considered by the IMO doctors-

and their letterheads are what finally got my overwhelming evidence read by the BVA.

I suggest you send them an IRIS inquiry as to the status of your claim.

[Berta]

Gee PPS- (I could write a book on malpractice)

The level of malpractice and/or negligence is proven when you can prove it occurred, and that it resulted in additional disability to you- (and the steps the VA took were not consistent with the standard medical community).

This last part is critical to filing a proper FTCA claim.

It doesn't always have to be specifically spelled out- but if you can show that the standdard medical community would have taken different steps on the treatment and/or surgery regarding your claim- this would be a very strong factor in favor of a successful 1151 claim or FTCA (or both).

For example when I filed my FTCA SF 95 form I used this phrase- that the treatment of a disability did not comply with what the standard medical community would have done.

I attached an ER med cert, results of EKGs and then referred them to the next 4 years of VA med recs that did not follow up at all on what the EKGs revealed nor the notations to RO/CAD.

It took me quite some time to even figure out what RO/CAD meant. This was all pre- Google and I had to travel quite a distant to reach medical libraries.

The 1151 , 38 USC regs mention "Omission" of an act.

I proved Omission of proper acts of follow tests and treatment-that the standard medical community would have done-caused my husband's untimely death.

It pays to read the 1151 regs thoroughly and then shape your evidence into what the regs cover.

Not all medical errors are negligence or malpractice if they are corrected in time or leave no negligent 'value'.

Meaning -if there is no resulting disability at ratable level- there is no malpractice.

But I would never depend on the VA to determine that in most cases.They got very creative in the many denials I got before the overwhelming evidence made their rebuttals impossible to continue.

[Jason Kahl]

A MUST READ!

H.R.843 -- Injured Veterans Benefits Eligibility Act of 2003 (Introduced in House - IH)

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 rehabilitation provided by the Department of Veterans Affairs and for survivors of persons dying from such treatment.

IN THE HOUSE OF REPRESENTATIVES

February 13, 2003

Mr. REYES (for himself, Mr. EVANS, Ms. CORRINE BROWN of Florida, Mr. FILNER, and Mr. ABERCROMBIE) introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to provide full service-connected disability benefits for persons disabled by treatment or vocational rehabilitation provided by the Department of Veterans Affairs and for survivors of persons dying from such treatment.

• 
  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
  
  
  SECTION 1. SHORT TITLE.
  
  
  • 
    This Act may be cited as the `Injured Veterans Benefits Eligibility Act of 2003'.
    
    
    SEC. 2. FULL SERVICE-CONNECTED DISABILITY BENEFITS FOR PERSON DISABLED BY TREATMENT OR VOCATIONAL REHABILITATION.
    
    
    • 
      (a) IN GENERAL- Section 1151 of title 38, United States Code, is amended by adding at the end the following new subsection:
      
      

      `© 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.'.

      
      

      (b) EFFECTIVE DATE- Subsection © of section 1151 of title 38, United States Code, as added by subsection (a), shall apply with respect to service-connection for purposes of eligibility for benefits and services provided by the Secretary of Veterans Affairs on or after the date of the enactment of this Act.

Edited July 9, 2012 by Jason Kahl