Section 1151 Claim

[john999]

Are there any yardsticks timewise for a Section 1151 claim to be adjudicated?

[Guest Berta]

Are there any yardsticks timewise for a Section 1151 claim to be adjudicated?

<{POST_SNAPBACK}>

Nope- it took mine almost 4 years before it was awarded and during the same month I filed one for a vet friend of mine and his was awarded 100% under Sec 1151 in 3 months-after filing the claim.

same VARO-same VAMC-

I had a lot more evidence than he did to prove 1151 but they wanted to really drag mine out.

But if you meant time limit to file- you can file one 20 years after the fact-that part doesn't matter yet waiting means the chances increase that records will be misplaced or lost. B)

[Guest jstacy]

Nope- it took mine almost 4 years before it was awarded and during the same month I filed one for a vet friend of mine and his was awarded 100% under Sec 1151 in 3 months-after filing the claim.

same VARO-same VAMC-

I had a lot more evidence than he did to prove 1151 but they wanted to really drag mine out.

But if you meant time limit to file- you can file one 20 years after the fact-that part doesn't matter yet waiting means the chances increase that records will be misplaced or lost.

<{POST_SNAPBACK}>

Berta, I am pondering submitting a 1151 claim for the VA failure to diagnose a paralyzed diaphragm. I went to the VA in several times before my wife got mad and talked to the ER boss and they finally did a chest Xray and found the problem. The first few times, they adjusted BP meds and told me to lose weight. Would thi s be a vaild claim???

[Guest Berta]

During the time after you first went there (I assume you had pain or trouble breathing) if the paralyzed diaphram caused you additional ratable disability, then I sure would file a Section 1151 claim if I were you.

These claims are based on dcumented negligence that causes further disability.

If VA did neglect to treat you promptly but corrected this problem before it got worse, that really isnt negligence -just their stupidity.

But if you ended up with medically documented breathing problems that

they had to treat due to the initial screw up- then you have something they could rate under Sec. 1151.

Like if you need a breathilizer or oxygen now but you didnt need it when you first went to VA.

VA medical error plus documented additional disability due to it = Sec 1151.

[Guest Susan S]

Berta said it exactly right.

1. Did the VA's failure to (at first) properly diagnose or treat cause further injury or exacerbate your preexisting condition (i.e., can you prove that damage)?

AND (not OR)

2. Did the physician fail to exercise the degree of skill and care ordinarily required of the medical profession (i.e., did he use the same standard of care as other physicians would have)?

--Susan

[WeAre#1]

Niether you nor myself are medical professionals qualified to come to such a conclusion. If you really wish to win an 1151 case, you really need a doctor to review your progress notes from the VA hospital medical center where the surgery took place (or private if contracted by VA). He/she needs to opine as to whether or not treatment was negligent, careless, the person lacked the proper skill to perform task, there was an error in judgement, or the disability(or degree of disability acquired) was an event not reasonably forseen.

Many times people have a difficult time in obtaining a medical opinion from another doctor who will declare negligence, carelessness, ect. This is why they often drag on. Other reasons include failure to comply with medical advice during hospitalization and after surgery, VA personnel are not always up to date on regulations, are rushed to do thier work, and they work on many frivolous claims(or claims without a medical opinion), they have service officers looking over thier shoulder, and this discourages and frustrates them. Many frivoulous claims (or claims without a medical opinion) are caused by a lack of understanding or lack of acceptance of the law. And as always, please remember each case is unique, and often times cannot be compared to another with the same condition, caused by different circumstances.

Merry Christmas!

Edited December 15, 2005 by WeAre#1

[WeAre#1]

Also, a tort claim should be considered depending on the circumstances. Remember, the reasonable doubt doctrine cannot be used on 1151 claims...............

Edited December 15, 2005 by WeAre#1