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100% Sc And 1151 Compensation

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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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Has anyone ever filed a 1151 claim for sexual assault by a psychiatrist who was treating them for MST? Wouldn't that be within the scope of "medical services and treatment"? If your job is to "treat" their mind and you make their mind worse by your actions how is that different than botching a heart surgery that causes death, while trying to fix someone's heart?

I agree with wings; this is the most twisted logic I’ve ever heard…..

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  • HadIt.com Elder

I find that there is no rhyme or reason for what the VA does and how they uphold their decisions.

I read of quite a bit of sexual assault with Psychiatrist, or those working with ones with mental problems.

Is this because they can just say the patient is mentally ill and not competent to know what he is talking about and give them a lower GAf score.

I may be incorrect and please do correct me, but I never read where my EENT doctor sexually assaulted me.

Just my thoughts.

Josephine

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  • HadIt.com Elder
Adora,

Hi sweetie, Welcome back ! I sure agree with your feelings on that OPGC decision,

it's sick. Anyway, the statements made by myself, 3 different VA psychiatrists, my

VA pcp, the Vet Center Psychologist and a IMO Psychiatrist all state that the VA doc that assaulted me is what kicked off (delayed onset) PTSD from active duty

assaults. VARO, DRO and BVA continue to pursue and deny this as a 1151 claim, when

the facts show that over the past 4 years, evidence on 21-4138's, NOD's, DRO transcripts, Form9, and BVA transcripts, that this claim is for SC for PTSD from active duty assaults, no longer a 1151 claim.

carlie

Carlie, I'm glad you beat the bastards in TORT.

Have you been service-connected yet?

Once you are service-connected, can you go back to the VARO and file that same Section 1151 Claim for Aggravation?!

Good to see you again Sister.

~Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

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