Filing A Cliam Under 38 Usc 1151

[Bound4heaven]

Greetings,

When a claim is filed under this section what is the compensation under this law? I mean there is not a ratings guide for this section. Can anyone help? or is there anyone who or known anyone who has filed under section 1151 concerning side effects from meds and the lack of the VA not checking the meds for interactions and this resulting of serious side effects?. I appriciate the comments from Berta. Thank you.

[Guest Berta]

It is hard to know how they would rate the side affects of the wrong medication- it depends on how much actual additional disability the vet got from the wrong med-

Say VA gives a vet a medication that could cause ventricular fibrillation

if not monitored properly- then say the vet- with no other reason for heart problems, ends up in ER with heart attack-

If the VA agrees that they messed up- they would have to rate this- under heart diseases-

if minimal damage was done to the heart and the work could return to work it could get maybe a 30 % rating-

They use the same rating schedule as regular comp.

in my husband's case-there were numerous misdiagnosed conditions.

I insisted, when I discovered he had heart disease and they never treated it- that the sudafed they gave him- 4 times a day had to have had an affect on his heart-they denied me on this many times with VA IMOs-

then I found he had sinus xrays taken by VA-that were clear and yet they continued this med for 6 years-

VACO medical team in 1997 found that sudafed was one of "multiple" deviations of standard medical care and that this continuous medication and dosage in spite of clear sinuses -had certainly contributed to the veteran's death as it raised his blood pressure which the VA also had poorly controlled and had undermedicated.

This DIC 1151 award I get is for 100% Sec 1151 death.

If Rod had lived (it was his section 1151 originally) he would have been rated 100% CVA, under 1151, 100% CAD under 1151 , -(I await the DMII AO claim results) dont know how that would be part would be rated, plus his 100% SC PTSD and then SMC under 1151 which they haven't paid for yet-I think for two years it should be at the R-1 level.It was well above SMC S level.

The additional disability- from 1151 is what they rate just like any other direct SC disability.

[Mike Soumis]

Greetings,

When a claim is filed under this section what is the compensation under this law? I mean there is not a ratings guide for this section. Can anyone help? or is there anyone who or known anyone who has filed under section 1151 concerning side effects from meds and the lack of the VA not checking the meds for interactions and this resulting of serious side effects?. I appriciate the comments from Berta. Thank you.

I filed a 1151 claim for side effects from my meds. I suffered a severe GI bleed, also a watershed effect of the cervical cord (stroke) which left me with numbness, pain and weakness. Both arms have major problems. So, I won my claim. 10% for each arm.. $374 per month. I lost my rural carriers job at the P.O. which paid $4300 per month. I met with my S.O. yesterday, we are appealing and going after more claims on this. My doctors won't sign a release to return to work so I did file for SSDI which I got on the first try, Disability retirement which I'm waiting for and I get a total of 50% so TDIU isn't in right now. I'm taking a beating but I will work on it. 10-04-06 it will be 2 years since the episode, if they feel I am getting what I should get, I have til that date for the tort claim which I don't care to do.

[Alex]

To be eligible for section 1151 benefits, you need to show two things:

· That there is additional disability not anticipated as a

result of treatment; and

· That the additional disability results from negligence upon the part of VAMC healthworkers

You receive an 1151 award from the court and/or from the VA, but if you go for dual compensation, your VA award will be reduced until you pay off the federal government from any tort award.

Consult a good lawyer to determine where you come out best.

Alex