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100% Sc And 1151 Compensation

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fsmith

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fsmith Rookie

fsmith

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I am rated @100% disabled for PTSD. I was in Wisconsin VAMC and for two years was sexually harrased by a female staff member. I finally, after two years was able to get her in a circumstance that she could not get out of and reported her. There was a huge VA investigtion and ultimatly she was terminated as a result of her behaivors. I filed an 1151 claim and have been denied additional ptsd because residuals from her actions were not dianosed although I have been receiving psyc treatment for five years specific to her actions.

I and the VARO in Wichita have the hearing transcripts. The VAMC in Wisconsin, in the hearing transcripts, admits to the wrong doings.

My case is at the BVA right now. My psycholgist didn't know a diagnoes wsa necessary and added this incdent to my list of diabling issues.

Can I receive both 100% service connected PTSD compensation and compensation for additional ptsd because of the VA employee?

Thanks Freddy

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Berta

Berta

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Good for you to take action against this VA employee-

but I am not sure how the VA would be able to compensate you under Section 1151.

Section 1151 provides for additional disability or death compensation- but I dont know how they would rate this-

my personal experience is this-

my husband is dead due to VA care-I get DIC under 1151.

He had 100% CVA due to VA malpractice and deadly untreated heart disease -also 100% CAD due to VA health care.

He also had undiagnosed and untreated DMII due to VA health care that caused the other 1151 conditions.

He was 100% SC for PTSD.

When I got the DIC award and his posthumpus 100% award for the PTSD my rep said- thats funny they didnt rate his Sec 1151 disabilities.

He did not advise me to file a NOD and he should have.

I subsequently filed a CUE for SMC retro under 1151.

Could this incident be the basis for SMC in your case?

Could it have caused you to become Housebound?

Did you file a Federal Tort claim when you filed the SF 95?

Do you have the exact wording of the VARO's denial as to:

"have been denied additional ptsd because residuals from her actions were not dianosed although I have been receiving psyc treatment for five years specific to her actions."

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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fsmith Rookie

fsmith

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Good for you to take action against this VA employee-

but I am not sure how the VA would be able to compensate you under Section 1151.

Section 1151 provides for additional disability or death compensation- but I dont know how they would rate this-

my personal experience is this-

my husband is dead due to VA care-I get DIC under 1151.

He had 100% CVA due to VA malpractice and deadly untreated heart disease -also 100% CAD due to VA health care.

He also had undiagnosed and untreated DMII due to VA health care that caused the other 1151 conditions.

He was 100% SC for PTSD.

When I got the DIC award and his posthumpus 100% award for the PTSD my rep said- thats funny they didnt rate his Sec 1151 disabilities.

He did not advise me to file a NOD and he should have.

I subsequently filed a CUE for SMC retro under 1151.

Could this incident be the basis for SMC in your case?

Could it have caused you to become Housebound?

Did you file a Federal Tort claim when you filed the SF 95?

Do you have the exact wording of the VARO's denial as to:

"have been denied additional ptsd because residuals from her actions were not dianosed although I have been receiving psyc treatment for five years specific to her actions."

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fsmith Rookie

fsmith

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I didn't know about the FTCA until yesterday. However, I wasn't diagnosed for PTSD due to sexual harrasment or trauma until yesterday. Do I still have a chance there?

I had an attorney and she didn't say anything about an FTCA. Fired her last week. She did nothing.

The denial said "there is no diagnosis for PTSD due to sexual trauma or harrasment therefore your claim is denied".

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Berta

Berta

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Posted

I am confused here-

prior to being diagnosed yesterday with PTSD due to sexual trauma- did the VA previously grant you PTSD due to stressors from your service? but not from the trauma caused by the VA doctor?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta

Berta

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Posted (edited)

Wait OK- you already had 100 SC % for PTSD due to service and yesterday you got documentation that the sexual trauma caused you 'additional' PTSD. ?

Therefore the VA will grant your claim when they get this diagnosis because they said-

"there is no diagnosis for PTSD due to sexual trauma or harrasment therefore your claim is denied".

So I would send them that diagnosis ASAP if I were you.

I dont know what they will be willing to do as far as additional compensation goes-

that is why I brought up Special Monthly Compensation-

as the Housebound benefit might be something that the sexual trauma made you eligible for- hard to say----

Your lawyer should have advised you to file an FTCA claim.If you sought counsel within the two year Statute date-and the lawyer did not advise FTCA claim- maybe you should report them to the Bar Association.

Your Statute of Limits appear to be long gone on that.

100% is 100%- it is only SMC that can provide extra comp.

I think I forgot in my post to state the point of it all-

my husband was 100% SC but it was his Sec 1151 disabilites that made him eligible for SMC.

VA said no way and I said Way with many VA regs to include a General Counsel Opinion also-

A 100% SC vet is eligible for SMC under direct or Sec 1151 regs-

but it has to be an independent disability other than the initial SC one or- be reason to award Housebound or A & A status.

The problem here is that you already get 100% for PTSD and I cannot see -other than if this sexual trauma made you housebound,( the SMC "S" award) proven by medical evidence- how the VA will pay any higher comp to you.

Part of my husband's Sec 1151 claim was malpractice regarding his PTSD (at 30% in his lifetime). He had a very well supported claim with evidence on that issue as well as his other issues.

He claimed the PTSD malpractice could eventually contribute to his death.

SC PTSD put him into Harms way as no medical facility other then the VA knows how to treat it.It took Congressional intervention to get him medical care at some point and after being a PTSD vet for 9 years,with no meds- the VA finally medicated his PTSD.

VA says that they awarded the DIC to me with the PTSD 1151 component in mind-

Yet they awarded 1151 death and not direct death- (I have claim filed on that but a stronger AO death claim they are working on now)

Still they admitted that Rods PTSD (SC) as a component of the 1151 claim caused his death-

so my point is where is the direct SC death award?

Still the issue I see here with you is almost the same as mine-

VA has to pay for what they did.

yet I dont see how you can receive more comp than the 100% for PTSD regardless of its causes.

Did a vet rep say you could?

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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fsmith Rookie

fsmith

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I am confused here-

prior to being diagnosed yesterday with PTSD due to sexual trauma- did the VA previously grant you PTSD due to stressors from your service? but not from the trauma caused by the VA doctor?

First let me express my sorrow for the loss of your husband. I can't imagine how hard that is on you.

Yes, I receive 100% service connected disability for PTSD resulting from my service in Vietnam. I am being denied serive connection for the psyc attendants sexual harrasment and trauma. They have the documentation that proves the 1151 claim issue.

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