TexasPI

There are times when an lawyer will be of no real help and only a cost. This is not a case. From what you wrote this sounds like a classic case of malpractice on the VA's part. I would treat this just like the VA is, not Service connected. The botched surgery is not a Service Connection in my opinion and i would not treat it as such and hope they grant you SC for it. i would treat it just like if it had happened at a regular hospital. I would contact a GOOD malpractice attorney

"I currently just had an appeal hearing for 100% disability due to medical malpractice at the Houston VAMC where a student physician with a suspended license severed my larygeal and phrenic nerve during a misdiagnosed (experimental) sub-clavian bypass graft."

Was this for a Section 1151 claim?

Did you also file under FTCA?

Can you scan and attach the 1151 denial letter as to the Evidence List and Reasons and Bases here? (Cover the C file number ,name, address, etc prior to scanning it.)

If you succeed under 1151 or FTCA, I think that is when VA will have to refund what I think you mean ( Co Pays for meds you needed due to their malpractice?)

When I succeeded under FTCA/1151 I sent the azzwipes a copy of those awards because they had been billing my husband co pays for 2 meds that contributed to his death.

It was a very small amount of money involved.I forget where I sent that info to..I had received a nasty letter abnout the co pays and sent it directly to wherever in VA it came from.....but a small amount wasnt the point. 2 of those meds contributed to his wrongful death.

They dropped both co pays but only recently I proved the 1151 claim that directly involved one of these meds.

VA deems 1151/FTCA disabilities " as if" service connected and pays them under the same rate as other SC disabilities.

A 100% "as if" can also put the veteran into the SMC criteria if they have other SCs at 60% or more.

An "as if "1151 death however would not render the surviving spouse CHAP 35 or CHAMPVA.

Unless the spouse gets those benefits under a different accrued award, the VA basically can kill a veteran with piss poor care and then deny the survivor these additional ancillary benefits.


Section 1151 ratings are based on the extent of additional disability the malpractice has caused.

I found my FTCA case was easier to succed in then my 1151 one was. The RO even denied me 1151 DIC after receiving my FTCA settlememnt papers. I called the OGC and told the lawyer who had handled my claim that the deal was off and VA owed me more cash. He was exasperated ( told me I was one of the toughest claimants he ever dealt with) but I got what I wanted...His boss at OGC called my RO and ordered them to revisit the denial.

Within a few weeks I got the award letter.

Have you perused all of the FTCA and 1151 info here? Do you have an IMO stating the extent and medical rationale ,based on your VA med recs, to support the 1151 claim?

Mark,

Apparently, you have never worked for the Government. The word "Planning" is a no no. As far as I know, there are only two Regional Offices in the state of Texas, Waco and Houston. What usually happens when a business has a big increase in customers, they expand to meet their customer's needs. The Valley has needed a Hospital for years, and its needs its own VARO. Basically, they need to access the workload at all the VAROs and make adjustments. At the start of each war they should start planning on this. Start wars, you make Veterans. Don't want Veterans, don't start wars.

Papa

I really do not think anyone is surprised at your post. If, you look at it deeper, it is probably worse.


Papa

Feb 16, 2010. IMHO, Houston does not care.

Papa