I Have This Feeling I Might Win 1151 At Dro Level

[hotcoffee2]

but let's say I win at the DRO level. I have multiple physical infirmities and plastic parts that are impacted

now. should i try for the whole thing.....in other words keep the claim to the issues with my 1151 damage, or go for the whole banana. how it impacts and is impacted by my opposing leg (congenital defect). increase in lower back pain (OA lumber and cervical disc problems). etc.

what happens if i win claim as it stands (dystonia tibialis posterior muscle treated by botox) and then follow up with the other superimposed complications?

thanks guys

patti

[Berta]

"the above sorta applies here. im going to answer my own question"

I hope that you realise that we are here to volunteer our time and knowledge- and beyond that most of us here helping vets not only might have our own claims matters we are dealing with but many here also are also involved in numerous other endeavors to push vets legislation,are active members of numerous vets orgs who we try to help, and also have our own lives to live-

You should check the date you filed your NOD and then try to obtain an attorney-

Section 1151 claims depend on documented proof of negligence, omission, or malpractice. and that these medical errors caused additional disability.

"now. should i try for the whole thing.....in other words keep the claim to the issues with my 1151 damage, or go for the whole banana. how it impacts and is impacted by my opposing leg (congenital defect). increase in lower back pain (OA lumber and cervical disc problems). etc"

If the VA caused a disability to you, then they also must rate as secondary any additional disabilities the 1151 disabilioty has aggravated or caused to get worse.

The only way to succeed in a 1151 claim is with documented proof that there was disabling medical error and that the standard medical community would have taken different steps to resolve the disability.

I can only use my own claim as example:

AN ekg my husband had was clearly abnormal.

The med recs said to RO CAD and WU for CAD

None of that was done.

In 1992 he had an ECHO and another EKG-clearly both abnormal.

The Cardiologist read these reports and told me Nothing was wrong with his heart.

In 1992 he was hospitalized for over three weeks at a VA with a new diagnosis every day.

When I demanded a CT they properly diagnosed his major stroke.

We had never seen any of the EKGS or ECHOs.

When I decifered a medical ER certificate from 1988 and used medical dictionary and numerous other medical texts- I discovered the med cert- for a vet they sent home with a sinus infection- was in fact a vet who had just had a heart attack.-my husband-the 6 years of sudafed they prescribed was found by the VACO (since I also proved he had no sinus condition at all) contraindicated by his HBP meds and thus as the VA determined -that too contributed to his death.SPseudoephedrine

4 times a day for 6 years for a condition he did not have.

these are a mere few of the medical evidence of malpractice I used to win FTCA and 1151 claims.

Malpractice and medical negligence is found within the medical records of the veteran-

some notations might be crossed out, others are almost illegible, a cryptologist in the Mil helped me decify some of them (my daughter-Vietnamese linquist and Cryptologist)

)other notations, Blood chem reports, and assessemnts can be critical to proving negligence.

They have to be studied over and over again.

I re-opened my husband's own Sec 1151 claim. He thought his 1151 claim would get him better PTSD care. He predicted his own eventual death in it due to the exact cause of death on the death certificate 6 months later when he suddenly died.

He did this to be dramatic-he wanted better PTSD care- the reality is- he himself stated in his 1151 exactly what the VA doctors knew too but never told us-

he had been malpracticed on for so long that he was going to die anyhow-

Syracuse doctors tried to cover up what Bath VA doctors did wrong-

it was all in his medical records.

Proof of negligence and malpractice -if it occurred-

is documented as it happens and usually as they try to cover it up-if other VA doctors find it.

It takes a willingness to study every bit of the medical records and study medical texts as well-and then state the claim with specifics referring to specific medical records. Most vets would often be willing pay an IMO doctor to do that as it is worth the money- when you consider the amount of time and work this takes for a vet to do.

Edited October 8, 2008 by Berta

[hotcoffee2]

thanks bert

first of all i don't know if i should be trying to the claim, injuries that are secondary to the 1151 injury. i didn't know if i could do that. that is what i was asking. you have answered it and im grateful.

i must have 13 different IMO opinions. some worthless. two-three others hit the nail on the head. what i with-held was the fact that i have an IME. do i give the IME the case ($$$). or let her ride and wait to see if i got the 1151 award and THEN go after the secondary injuries (which in my mind, are not fully backed up). i thought my IME could be of use in at least laying the groundwork for the secondary injuries.

i left this forum awhile ago because i would post and nobody not nobody would answer. i said something cocky sp? and i felt i was shunned. my depression which was nicely medicated for eight years is fulminant at the moment. i feel vulnerable to everything.

i will clean up my act. thanks again bert.

"the above sorta applies here. im going to answer my own question"

I hope that you realise that we are here to volunteer our time and knowledge- and beyond that most of us here helping vets not only might have our own claims matters we are dealing with but many here also are also involved in numerous other endeavors to push vets legislation,are active members of numerous vets orgs who we try to help, and also have our own lives to live-

You should check the date you filed your NOD and then try to obtain an attorney-

Section 1151 claims depend on documented proof of negligence, omission, or malpractice. and that these medical errors caused additional disability.

"now. should i try for the whole thing.....in other words keep the claim to the issues with my 1151 damage, or go for the whole banana. how it impacts and is impacted by my opposing leg (congenital defect). increase in lower back pain (OA lumber and cervical disc problems). etc"

If the VA caused a disability to you, then they also must rate as secondary any additional disabilities the 1151 disabilioty has aggravated or caused to get worse.

The only way to succeed in a 1151 claim is with documented proof that there was disabling medical error and that the standard medical community would have taken different steps to resolve the disability.

I can only use my own claim as example:

AN ekg my husband had was clearly abnormal.

The med recs said to RO CAD and WU for CAD

None of that was done.

In 1992 he had an ECHO and another EKG-clearly both abnormal.

The Cardiologist read these reports and told me Nothing was wrong with his heart.

In 1992 he was hospitalized for over three weeks at a VA with a new diagnosis every day.

When I demanded a CT they properly diagnosed his major stroke.

We had never seen any of the EKGS or ECHOs.

When I decifered a medical ER certificate from 1988 and used medical dictionary and numerous other medical texts- I discovered the med cert- for a vet they sent home with a sinus infection- was in fact a vet who had just had a heart attack.-my husband-the 6 years of sudafed they prescribed was found by the VACO (since I also proved he had no sinus condition at all) contraindicated by his HBP meds and thus as the VA determined -that too contributed to his death.SPseudoephedrine

4 times a day for 6 years for a condition he did not have.

these are a mere few of the medical evidence of malpractice I used to win FTCA and 1151 claims.

Malpractice and medical negligence is found within the medical records of the veteran-

some notations might be crossed out, others are almost illegible, a cryptologist in the Mil helped me decify some of them (my daughter-Vietnamese linquist and Cryptologist)

)other notations, Blood chem reports, and assessemnts can be critical to proving negligence.

They have to be studied over and over again.

I re-opened my husband's own Sec 1151 claim. He thought his 1151 claim would get him better PTSD care. He predicted his own eventual death in it due to the exact cause of death on the death certificate 6 months later when he suddenly died.

He did this to be dramatic-he wanted better PTSD care- the reality is- he himself stated in his 1151 exactly what the VA doctors knew too but never told us-

he had been malpracticed on for so long that he was going to die anyhow-

Syracuse doctors tried to cover up what Bath VA doctors did wrong-

it was all in his medical records.

Proof of negligence and malpractice -if it occurred-

is documented as it happens and usually as they try to cover it up-if other VA doctors find it.

It takes a willingness to study every bit of the medical records and study medical texts as well-and then state the claim with specifics referring to specific medical records. Most vets would often be willing pay an IMO doctor to do that as it is worth the money- when you consider the amount of time and work this takes for a vet to do.