Susan

Congrats to you Papaw and the wife!!! Very happy for your success. I can imagine the relief you both are having with this news. Susan

Berta, I save info in case I need it later. I found a post that you made and it might be what you are looking for or similar to it. Hope you don't mind that I post this for you. Posted previously by Berta Posted 08 February 2011 - 08:35 AM Template for Section 1151 claims To VARO etc This is a claim filed under auspices of Section 1151,38 USC. I believe my VA medical records will reveal that I did not receive a standard of VA medical care comparable with that of the standard medical community, regarding treatment (or non treatment) of my (put disability here that they malpracticed on) and as a result of the VA's medical errors I have incurred an additional disability of ( put the additional documented disability here that you claim is directly due to the malpractice. Add any secondarys to this that also are due to the 1151 disability.) I have listed and enclosed the following medical records to support this claim: (Then list the enclosures with date of the medical test or entry and brief description of what they reveal for the 1151 issue. Try to keep the focus solely on medical errors and the results that are documented.In many cases it could be an “omission of an act.” Then sign it, make copy of it, and mail it with USPS tracking slip to your VARO For example your med recs reveal need for MRI and ECHO regarding a VA doctor's concern over a carotid artery situation. The med recs note “W/O CAD.”after you complained of neck pain and headaches. But MRI and ECHO is never ordered. Then you have a major stroke with embolic cardiac origin.This “omission “of proper follow up testing that resulted in your additional disability of a stroke is more than likely malpractice and could involve a malpracticed heart condition as well. Or say the VA diagnoses and treats you for bleeding hemmoroids for years.You develop another condition that involves further testing such as extensive blood work etc and these tests results cause the VA to consider cancer. They diagnose you with stage 4 colon cancer and remove your colon. You didnt get Stage 4 cancer overnight. The VA has most likely committed malpractice. These are true cases and much more to them than this -this is just a simplified example of malpractice. Section 1151 claims ,when first filed, should be short and sweet. Focus solely on the evidence of negligence or malpractice in the medical records.It is a good way to state the claim as 'I believe, or I think or I feel ' that VA made medical errors and caused you additional disability but from that statement on- give them documented facts supported by copies of the clinical record. All NSOs and vet reps are trained with the same training I got on Section 1151 claims.I advise getting a POA for 1151 claims.The Section 1151, 38 UCS regs are not difficult to understand and contain the keys to what evidence you need: 1.documented proof of medical error ,omission, negligence, malpractice that is in your VA medical record file. 2.Documented proof that you have a resulting additional disability directly due to the malpractice. If VA was negligent to point of causing you harm, this will be in the medical records. This is why it is best to obtain an IMO for these claims.It will be in there but if you don't have a medical background, it could be well hidden and attempts can be made by VA to cover up prior malpractice, Those attempts to cover it up however will be documented in the med recs.That sounds odd but I found evidence of a VA cover up and can verify it happens. That evidence was also critical to my FTCA/1151 claims. VA fights 1151 issues aggressively. The initial filed claim will draw them out. They might well put their foot in their mouth in the SOC.But they will try to walk all over you if you do not have an IMO. An IMO for a Section 1151 claim, if it supports the malpractice-will easily be absorbed cost wise by some of the 1151 comp checks you get , that you might never see with the IMO. FTCAers and 1151ers: I have alreadly posted in the FTCA forum many important things to consider if you file both types of these claims. The VA will only pay once under either of these regs.That info is detailed here and with the FTCA regs which are googleable. If you have lawyer preparing your FTCA issue. Ask the lawyer if you can use their exact wording on the SF 95- the part where the claimant states the charges.It is under Number 8 on the SF 95 form: after stating that this is a claim under Section 1151 , 38 USC.Instead of what I posted here. Get the lawyer's permission if you use this statement from the SF 95 verbatim for 1151 issues. For the claim as well as for an IMO you need to thoroughly review your medical records any many times. Get a good medical source to use to help understand the medical acronyms and abbreviations. Try to figure out anything that has line drawn through it or that appears they tried to erase or delete. Prepare a cover letter for the IMO doctor with your take on how they malpracticed. The IMO doctor will review everything anyhow but nothing should be overlooked.For examle a minor entry on the surface might mean nothing but there could be extenuating circumstances the IMO doc needs to know. I quoted something a VA doctor told me in Aug 1992in my FTCA/1151s but had no proof of what he said- then I realized the very same day I talked to him, his entries revealed what we had discussed.His handwriting was awful and copies of this entire page of the med rec always comes up very light and hard to read.It took many hours but I could decifer the whole thing and it was critical to my 1151/FTCA issues and my IMO. It was also the day the cover up began. I had asked the wrong question. They started to scramble. Another entry was very very hard to read and I had the VA contact the doctor and her secretary transcribed it to for me. On the hard to read entry I couldnt' believe how ridiculous what the VA doctor had written was. .I was sure I was reading it wrong. The transcribed version was verbatim to my decifered transcription. More proof of VA malpractice. One cannot overlook a single entry or chart or test results when filng FTCA and/or 1151 against the VA. GRADUATE ! Nov 2nd 2007 American Military University !

Hooray for your success!! Happy to see this!!

pr wrote: 6.) Apply for funeral and burial benefit. Funeral home says maybe $600 max. I say roughly $2300 is due. ??? PR, My condolences to you and your friend's wife. Thank you for helping her. I think you are right about the $2300.00. According to Chapter 7 of verteran benefits: Reimbursement of Burial Expenses: VA will pay a burial allowance up to $2,000 if the Veteran’s death is service-connected. In such cases, the person who bore the Veteran’s burial expenses may claim reimbursement from VA. Burial Allowance: VA will pay a $300 burial and funeral allowance for Veterans who, at time of death, were entitled to receive pension or compensation or would have been entitled if they were not receiving military retirement pay. Eligibility also may be established when death occurs in a VA facility, a VA-contracted nursing home or a State Veterans nursing home. In cases in which the Veteran’s death was not service-connected, claims must be filed within two years after burial or cremation. Plot Allowance: VA will pay a $300 plot allowance when a Veteran is buried in a cemetery not under U.S. government jurisdiction if: the Veteran was discharged from active duty because of disability incurred or aggravated in the line of duty; the Veteran was receiving compensation or pension or would have been if the Veteran was not receiving military retired pay; or the Veteran died in a VA facility. The $300 plot allowance may be paid to the state for the cost of a plot or interment in a state-owned cemetery reserved solely for Veteran burials if the Veteran is buried without charge. Burial expenses paid by the deceased’s employer or a state agency will not be reimbursed. I am not familiar with applying for the final check. I do know that the bank returned both of my Dad's checks (Social Security and VA). My Mom told them that they were right about Social Security, but not the VA. The bank employee said that they returned both. If I remember right, it was a year before the VA finally returned the check. Now this may be normal, but the way we understood Social Security pays for the month ahead and the VA does not. Susan

Insurance adjuster will be here today in North Texas. Last Saturday April 23rd we had tornado sirens. I loaded my pets and went to a relatives house about twenty miles away. When all was clear, I had to reroute going home due to a jackknifed 18 wheeler. Continued on and passed a downed tree. Came upon a traffic light lying across two lanes of the highway and had to detour. Got home to find mailbox, roof,siding,fence and storage building damage. The storm door had been ripped off. Tree limbs down. Next day drove to the next town and saw trees down on both sides of the road a good distance on either side of the highway. Had been through Tushka,OK a week earlier and saw the devastation there. They had an EF-3 tornado. Seeing that makes me understand how awful the latest tornadoes have been. My thoughts and prayers are with those in all the states who lost so much more.

The VA contracted a psychologist within ten miles of where we lived in a town of 35,000 people. My husband had a good rapport with others in a similar situation in the group and the doctor was very good. I believe they all enjoyed the group from what I could tell without being there or knowing what went on. My husband called himself a "loner" ,so I was amazed that he wanted so much to be a part of the group. They were supportive of each other. It does us all good in jobs and other situations to know that we are not the only one who feels the way we do. Sorry it took so long to get back to you. Glad you are getting options to get into group or one on one sessions. Susan

HX is abbreviated for "history" r/t could mean "related to" Susan

She did say that the group that comes weekly near our house is more of a social gathering. He would not mind that, but right now knows that he needs more. He may be able to go to both. What should he do now? Should he try and call his PCP @ the same VA CBOC or could that cause trouble? We do not want trouble, he just wants to attend group therapy. Mrs.Rockman, You are right. I believe Rockman will enjoy a group session. My husband (now deceased) was in a local group. He did get one on one time with a psychiatrist from the same group. At the time, (over ten years ago)the VA contracted the psychiatrist/counselor for each session. We lived 30 miles from one VA hospital and 60 miles from another and probably sixty miles from the vet center at the time. I was amazed that for a long time my husband went to every meeting weekly. I think he only missed twice in what seemed like several years. Out of town once and sick the other time. So do try the Vet Center and also check at the VA clinic or hospital for any vet group that they may have available.

I think you will be able to get a copy of the cd. My friend received a copy of their MRI cd to hand deliver to an out of town specialist. When I had an MRI done, I asked for a copy of mine. They hesitated and said that I would have to wait. So I waited and the cd was ready in a few minutes. Just be polite and persistent in your need for the cd. It never hurts to ask. Good luck, Susan

I found some information on a site submitted here. I remember it was housed at Texas Tech University. Daily reports that had been declassified. My thanks to whomever submitted it. (I will find it in my records someday or we can search hadit for the post.) I know it was recent in the last four months. I did find this link that might help you or others. Good Luck with your searches and claim. http://www.vietnam.ttu.edu/

Very glad to see that you received the comp benefits!! Well deserved by you and all the vets. Wishing you even more success in beating the cancers.

Thank you for the heads up Berta. I am sure that I will need the Estate Paper for my claim also if it ever comes to be. I continue to study here at hadit while NVLSP reviews my deceased husband's file. For my update, in February I received a letter from VA letting me know that they received my "claim". There was no new claim. I tried the Iris and received the information within two business days. Turns out it was the FOIA for the C-file request for NVLSP. Will keep you updated on any news. Susan

Doogie, If you were in Vietnam or where agent orange was then you will need to contact NVLSP by email. They will help you as they have helped me and many others. I read on your attached 2010 denial "status post myocardial infarction". If you had a myocardial infarction then it could be service connectted through Nehmer. The NVLSP email can be found here on hadit or their website. If not Vietnam error vet then only other way would be if your mother served in the area of agent orange. I understand they only connect children through females and not males. Hope this helps and it is only my opinion. Susan

Yes, on page 112 of the Nehmer training guide I found the numbers for the locations. Yours appears to be 310 Philadelphia. I looked at the Training guide for June of 2010. There is also a guide for September of 2010. Someone else can help with the other letters and code. I used this with my claim and it figured out to be correct. Susan

That is sweet news Carlie!!! I am very happy for you and for all successes!! Well deserved. Susan

I I wanted to add that there is a revised Nehmer Training Guide 09/28/2010 that is 165 pages. I did a search for Nehmer Training Guide and several links down is the revised September 2010. It can also be found at the NVLSP site. I would add the link, but not sure that it would work. This revised version helped me. Susan

Thank you Berta and everyone helping me. I did hear from NVLSP and had a phone conversation. They are requesting Don's C-file. Don was not on the Nehmer list. The day before I heard from NVLSP, I had contacted the local County Service Rep. The office where I made a claim in 2000. The former rep or officer had retired last summer. The new officer was nice and could only look for a file. He said that since it was several years old it was probably boxed up and in a dusty area. He said he would have to find the extra time to look. I asked to request the C-file and we began that process. But, when we came to the part where I had remarried there was a problem and I could not request it. It is okay for immediate relatives to request it though. So for now, I continue to learn as much as I can while I wait to see if Waco can come up with a complete C-file. Ten years ago they could only find one of the two volumes. I will study your suggestions and answers when I get a chance.

Happy Birthday Pete with best of birthday wishes to a great guy!! Susan Don-C the vet's widow

Did your husband's death certificate state heart disease caused or contributed to his death? Yes. His death cert states: 1. acute massive myocardial infarction (sudden) 2. Severe Atherosclerotic heart disease (years) 3. Cardiac Arrythmia (years). Also he had triple bypass in 1995. I submitted that info in August 2010. Was he an incountry Vietnam veteran? Yes. He was at different locations in country. He was Army and not Seaman as the profile shows. I never found a place to fix that specifically or his rank. Was his heart disease ischemic in nature? Almost all forms of coronary artery disease are ischemic. Yes. Did you re-open his pending claims when he died? Yes. In March 2000 the local vet rep advised me that I would have to prove that his service in Viet Nam would have caused the heart disease and that I had no hope. He was to have filed a claim and he told me to return within a year. He advised to be sure and return to keep the claim open. I returned and he asked why was I there. I told him and he said that he did not tell me that. Did the VA deny him or you specifically for the heart disease in any past decision? Yes. The last time they denied Don was a 1997 claim if my memory is correct. I have the papers. He had a hearing with someone from Washington at the Waco office and DAV represented Don. If so there is contact info for NVLSP in the AO forum. Yes. I did contact NVLSP on Monday December 20,2010. No response yet. I thought I would hear something by now. After reading some posts here I understand that it will be a generic or canned response. I am grateful for that though. Glad they are looking out for the veterans and widows. If your husband was incountry Vietnam and had Ischemic heart disease that contributed to his death and was denied for IHD in a past rating decision (or you were) NVLSP wants to hear from you or anyone in similiar past denial circumstance for their data base on the new AO resumtpives to make sure we get the proper retro amount. I reopened my IHD claim in August and it is with Nehmer rater in Philadelphia. Have you received any acknowledgement or letter yet from the VA on this claim?" I just read your other posst here-can you tell us exactly why they denied the claim? Yes. I had remarried in 2007. They denied because I had remarried. (I am in the process of getting a divorce.} I read in Nehmer guidelines over the years that a surviving spouse could remarry. Can you cover personal info and scan and attach their reasons and bases for the denial?

Thank you Terry. You are probably right that I will need a lawyer.

I sent supporting information for DIC and any other benefits relating to Don's claims since 1992 for AO IHD in August of 2010. I received a denial in September of 2010 stating that I had no benefits. The denial came from St Paul Minnesota and it also stated that Don had no benefits due him at the time of his death either. So, I submitted more information of his medical records. I received a letter from Pension Mgmnt Ctr. St Paul MN this week. It stated to send more information before they could open the claim. St Paul stated that the medical evidence that I had sent with the second supporting information would be entered to Don's file. There has been no mention of Nehmer. I have not received anything from the VA yet about Don being denied prior to his death in 2000. Has anyone had experience with St Paul MN in regards to AO and Nehmer? I live in Texas and since Don and I both have had no luck with Texas reps yet, I have been working with an out of state group with service officers. A friend in the same circumstances sent her claim in August the same day that I did. Her claims have gone to Washington State and she is set to receive her benefits at any time. I worry that if I send my information to St Paul MN again, that they will only look at it as a pension which I would not qualify for since I work full time. Thanks for any input, Susan AO IHD widow of Don-C the vet PTSD sc zero %

Hello, I am Susan from Texas. Some will remember my husband,Don-C the vet. He passed away almost eleven years ago from a heart attack at age 47. He died trying to get benefits for PTSD, AO, and Heart. I began in August of this year to try for the AO IHD benefits. Susan