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Lawyer Needed/1151 Claim


william n

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would someone be kind enough to point me in the direction for a good malpractice lawyer,,many thanks, will

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there's nothing complicated about it. but you have to prove that VA was negligent, which can be a big hurdle. and you have to have a specific residual disability. don't know the specifics of william's case, so i can't say if he has a good one. but there's no need to pay a lawyer.

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here. 38 CFR 3.361

william has to establish 1) that he has additional disability, 2) that VA medical treatment was the proximate cause of the additional disability, and 3) the VA medical treatment which caused the additional disability resulted from "carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA’s part in furnishing hospital care, medical or surgical treatment..." and that "VA failed to exercise the degree of care that would be expected of a reasonable health care provider."

that's it. put in a 4138 for an 1151 claim, cite the additional disability, give the VA hospital and dates of treatment, and state why the VA was careless or negligent. no lawyer needed.

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William,

If you are unsure of yourself. Perhaps there is a lawyer that will look at your paperwork on a free first initial office visit.

Always,

Josephine

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http://www.stardustent.com/

Go to the Archives of SVR July 18th- I did a whole show on Section 1151 claims-

These guys are correct on what you need to succeed- also our search feature here has more info under Section 1151 claims.

If VA denies the claim and you file a NOD you would then come under the criteria for hiring lawyer under the new Attorney regs. They would get paid out of the retro.

In my opinion- it would be better to obtain an IMO -that could be costly but a lawyer would need one anyhow.

Edited by Berta
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