1151 Claims

[wayne]

Question for BERTHA:

I had to resign from my job as a Correctional Officer in Dec 1999 because of SC back and knee problems. When I left my back condition was nowhere near as bad as it is now. I've been followed with Xrays, CT Scans, MRI's , ect; since. The only treatment I've received is with medication. I was recently sent fee basis to a spine clinic where the report said I have severe spinal stenosis with nerve root inpingement. The spinal stenosis is now to the point surgery won't help. The only thing that can be prescribed is a shot which I had a couple weeks ago. It has helped a lot. Don't know how long it will last and can only get six a year. I also suffer from numbness in my legs and feet, constant severe pain lower back, hips .

I also have DJD both knees . I take 240mg of morphine daily for pain.

My basic question is do I have a basics for an 1151 claim? Any info will greatly appreciated!!!!!!

WAYNE

[Guest Berta]

Wayne -if you can prove with medical evidence that your condition got worse because of VA care it would a Sec 1151 claim-

they did medicate you but that was probably just for pain-

Cases like this need usually a clear medical statement of proof of additional disability (or worsening condition) and proof that VA screwed up medically.

If you have copies of the x rays, MRIs, etc-it would help a private doctor evaluate whether they caused 1151 disability or not.

The fee basis doctor- did they document this at all? That your condition got worse? Did they say it could have been prevented from going so far?