Filing A Tort Claim & 1151 Claim

[Bound4heaven]

Greetings,

I was just told I should file a TORT claim aloing with my 1151 claim due to serious side effects from my unregulated medications perscribed by the VA Medical Center. Is this true? can a veteran file for both?Thank you all. God bless

[Mike Soumis]

Mike- your SO is wrong- just his way of getting out of more work--

I would NOD the 1151 percentage if I were you and also file for TDIU (I will attach the form)

It does not matter what a vet's percentage is to file for TDIU- if your SC disabilities make you unemployable- they have to award -with medical evidence-I got a vet with no VA rating at all TDIU in 3-4 months-

his evidence was excellent.

Your SSA-if this is for the same 1151 and/or SC conditions you have now- that is excellent evidence of unemployability and holds an indeendent medical opinion too if they sent you to a SSA doctor-

On # 18 put Yes and then under # 25 Remarks- state you are adding a separate sheet and list all of your VA meds and tell the VA how their side affects hinder your ability to work-

(their side affects can be found at many web sites and should be in the paperwork that comes with your meds.)

Also I would restate that you get SSA (Yes for # 18 ) and what it is for.

If your SO says you can't do this- give him my emal addy-

Ya know, I got a bad feeling about how my whole situation is proceeding. I told my SO my 2 yr. period since my GI bleed ordeal happened is 10-04-06, he thought you had 7 yrs. anyway, if the VA gave me TDIU in the first place, I would be satisfied. my original SC disability was 10%for flat feet, got a increase to 30% after 29 yrs. The VA then gave orthodics and naproxen for pain. My new award is, Gastrointestinal bleed due to medication intake 0% , left anterior interosseous nerve entrapment, left ischemic cervical myelopathy 10% June 14. 05, right ischemic cervical myelopathy 10% June 14,2005. I can no longer take any meds for pain except a plain tylenal. Due to such severe blood loss and low blood pressure, I had a watershed effect of the cervical cord (stroke). There is no cure for this. I sent all my records from when I was in the local hospital to the SSA when I applied for SSA and was granted SSDI in 4 mo. I didn't have to see there DR. or anybody, just gave them my hospital records and was awarded my claim. I just got my disability retirement with the same medical records from the P.O. To me, these Dr. reports and nuerologist reports speak for themselves, they don't award SSDI and disability retirement without the facts. Somehow, the VA thinks otherwise. My SO thinks I should go out and ask for a job, get turned down because my DR. wont sign a release to return to work and send this evidence to the VA. I disagree. IF you have SSDI and disability retirement who in the hell goes look for a job. I told him about all I could do is answer the phone at a taxi cab stand. Why would I jeapordize the benefits I now recieve for that. MY wife and I will make ends meet but my way of life since the stroke which was caused by the blood loss, has been pain, numbness, loss of strength, and on and on. I have the hard facts medical evidence from about 10 DRs and if the VA doesn't think its adaquate, then I'll try the tort. I did appeal there award of the 20% additional and filed for TDIU. My overall rating is 50%. I guess its wait and see, I feel I don't have to prove anything, all they have to do is look at my medical records, the proof is there, its real and its unfortunate. I would never have taken the naproxen if I knew the side effects. I read when you have a blood vessal break in your stomach, there is a 22% servival rate. I was one of the lucky ones.

[Guest Berta]

Yeah-it is 2 years SOL on a FTCA tort- he thought it was seven? ridiculous-

Mike -what is the reason the docs said that you had a stroke? is it directly related to the cervical myelopathy? and /or the wrong meds?

Oh-OK- I re-read it- the blood loss---OK- they gave you "0" which does reflect that they acknowledged this medication error-as service connected-if they said SC "0" and not NSC "0".

Are you absolutely positive that the VA has those SSA records and have they ever mentioned them at all in any decision as evidence and as how they actually used these records?

I would attach a copy of the SSA award letter to your TDIU application and state the facts on the TDIU form under Remarks - or separate page, exactly how you did here- as to your medical condition.

[Mike Soumis]

Yeah-it is 2 years SOL on a FTCA tort- he thought it was seven? ridiculous-

Mike -what is the reason the docs said that you had a stroke? is it directly related to the cervical myelopathy? and /or the wrong meds?

Oh-OK- I re-read it- the blood loss---OK- they gave you "0" which does reflect that they acknowledged this medication error-as service connected-if they said SC "0" and not NSC "0".

Are you absolutely positive that the VA has those SSA records and have they ever mentioned them at all in any decision as evidence and as how they actually used these records?

I would attach a copy of the SSA award letter to your TDIU application and state the facts on the TDIU form under Remarks - or separate page, exactly how you did here- as to your medical condition.

Hi Berta, due to severe blood loss and severe low blood pressure (80 over 55) I had the stroke. That is written in my reports. I am not absolutely positive the VA has my SSA award, I just got my disability retirement one week ago today so I know they don't have that and I sent all my med. records there but I know they didn't acknowledge them all in the evidence. I told my service officer that. He said what probably happened is I sent my records to Detroit around the time I had my C&P in Iron Mt. Mich. so the med. records didn't make it into my file. I sent everything delivery confirmation. Maybe they need to go certified. My SO filed the TDIU for me at the end of Dec 05. He seems to think I need at least one disability such as for my feet to be at least 50% to get TDIU. So he reopened my claim on my feet again to try and get them from 30 up to 50%. The VA didn't give me any disability for the damage to my stomach because since the blood vessal was coterized, I had a follow up scope of my stomach 3 mo. after the episode and it was healed and looked as new. My whole problem now is from the side effects of the stroke. Also he reopened the claim for my feet because I can't take pain pills anymore. My gut feeling is the SO just doesn't seem to really understand my situation. The doctors can't even believe what has happened to me. They checked around the whole USA to see how other doctors treated someone with my particular problem and nobody responded. This is from the Hands and Upper Extremeties Clinic of Northeast Wisconsin, where they have a team of 5 Drs. and neurologists. I will make up a packet of my SSA award, My med records that they didn't acknowledge in the evidence, my retirement letter and resubmit to the VA DETOIT. Will they be mad if they have them now and I send again? I'm beginning to feel I should have done all this on my own and not used a SO.

[Guest Berta]

"My whole problem now is from the side effects of the stroke"

As a residual serious consequence of the VA's medical errors-

a disability that the VA, based on my understanding of your situation, that the VA caused.

"Will they be mad if they have them now and I send again?"

Who cares Mike-I assure you I have resent evidence to the VARO many many times-

because if they can say they dont have it, they dont use it to support an award.

I had to send my husbands autopsy to them 6 times-

then they told VACO and OGC that there was no autopsy ever done-never sent it with the med recs of the veteran.

Good thing I was willing to call Washington and talk to the medical team there-

The autopsy was the most significant evidence I had- and it was pretty upsetting, after 3 years , to here the VA's Chief Cardiologist say to me-Mrs. Simmons-WHAT AUTOPSY?

I faxed it and within days OGC called me to settle with them.

I am so pissed that they now keep ignoring my IMO for my 2003 claim that I printed copies of it and type on the opposite side to the VARO with additional submissions of evidence- and refer to it as enclosed again.

I have sent them about 7-8 copies of it so far.Never been acknowledged-my vet rep said it should have awarded the 2003 claim 8 months ago.

"I'm beginning to feel I should have done all this on my own" you are dealing with what so many of us deal with- vet reps or SOs who really dont have a clue---

As I see this, it is the stroke that they have to secondarily service connect due to their medical error, under Section 1151.

A stroke can have many additional serious affects-obviously brain damage, balance problems, memory deficits, peripheral neuropathy, loss os use of hands or feet,

visual disturbances, congnitive dysfunction----etc , etc-

If I interpret you correctly-please tell me if I am wrong-

due to a VA medical error, you had this stroke because your blood loss caused a dip in your blood pressure-

Is this is the case -then VA owes you 1151 compensation for the stroke and all residuals and possibly SMC- Special Monthly Compensation.(38 USC 1114)

I see no problem with resubmitting stuff to make sure they have the whole picture.

I add to each medical submission in my claim (I am still finding evidence)a list of all prior submissions and medical evidence I have sent-(29 so far-undebatable and irrefutable) in my case I have to repeat and resend stuff to this VARO continually-

just as I did for 6 years in the 1990s then at some point they cannot continue to ignore the evidence.

[Mike Soumis]

"My whole problem now is from the side effects of the stroke"

As a residual serious consequence of the VA's medical errors-

a disability that the VA, based on my understanding of your situation, that the VA caused.

"Will they be mad if they have them now and I send again?"

Who cares Mike-I assure you I have resent evidence to the VARO many many times-

because if they can say they dont have it, they dont use it to support an award.

I had to send my husbands autopsy to them 6 times-

then they told VACO and OGC that there was no autopsy ever done-never sent it with the med recs of the veteran.

Good thing I was willing to call Washington and talk to the medical team there-

The autopsy was the most significant evidence I had- and it was pretty upsetting, after 3 years , to here the VA's Chief Cardiologist say to me-Mrs. Simmons-WHAT AUTOPSY?

I faxed it and within days OGC called me to settle with them.

I am so pissed that they now keep ignoring my IMO for my 2003 claim that I printed copies of it and type on the opposite side to the VARO with additional submissions of evidence- and refer to it as enclosed again.

I have sent them about 7-8 copies of it so far.Never been acknowledged-my vet rep said it should have awarded the 2003 claim 8 months ago.

"I'm beginning to feel I should have done all this on my own" you are dealing with what so many of us deal with- vet reps or SOs who really dont have a clue---

As I see this, it is the stroke that they have to secondarily service connect due to their medical error, under Section 1151.

A stroke can have many additional serious affects-obviously brain damage, balance problems, memory deficits, peripheral neuropathy, loss os use of hands or feet,

visual disturbances, congnitive dysfunction----etc , etc-

If I interpret you correctly-please tell me if I am wrong-

due to a VA medical error, you had this stroke because your blood loss caused a dip in your blood pressure-

Is this is the case -then VA owes you 1151 compensation for the stroke and all residuals and possibly SMC- Special Monthly Compensation.(38 USC 1114)

I see no problem with resubmitting stuff to make sure they have the whole picture.

I add to each medical submission in my claim (I am still finding evidence)a list of all prior submissions and medical evidence I have sent-(29 so far-undebatable and irrefutable) in my case I have to repeat and resend stuff to this VARO continually-

just as I did for 6 years in the 1990s then at some point they cannot continue to ignore the evidence.

Berta, yes, you are correct. My claim states, We determined that the following conditions were related to your militaty service, so service connection has been granted. Gastrointestinal bleed due to medication intake 0% June 14, 2005 Left Anterior Interosseous Nerve Entrapment, Left Isschemic Cervical Myelopathy 10% June 14, 2005 Right Ischemic Cervical Myelopathy. 10% June 14, 2005. The VA did not recognize the (watershed effect of the cervical cord) stroke, due to all this nerve damage my arm and shoulder, back muscles are aching all the time, I get fatigued easily, everything that you said in your post, I have.Thats what I've told my SO and he said I should be out asking for jobs, get turned down because my doctor won't sign a work release and present that evidence. What the hell, if a neurologist report isn't adaquete, then something is wrong. I don't have to do any of that, the evidence speaks for itself and I can't get that into his head. Were heading for Sunday services, I'll talk to you later.

[Mike Soumis]

Berta, yes, you are correct. My claim states, We determined that the following conditions were related to your militaty service, so service connection has been granted. Gastrointestinal bleed due to medication intake 0% June 14, 2005 Left Anterior Interosseous Nerve Entrapment, Left Isschemic Cervical Myelopathy 10% June 14, 2005 Right Ischemic Cervical Myelopathy. 10% June 14, 2005. The VA did not recognize the (watershed effect of the cervical cord) stroke, due to all this nerve damage my arm and shoulder, back muscles are aching all the time, I get fatigued easily, everything that you said in your post, I have.Thats what I've told my SO and he said I should be out asking for jobs, get turned down because my doctor won't sign a work release and present that evidence. What the hell, if a neurologist report isn't adaquete, then something is wrong. I don't have to do any of that, the evidence speaks for itself and I can't get that into his head. Were heading for Sunday services, I'll talk to you later.

Berta, I thank you for your help, today I downloaded form 21-8940 from your post, filled it out and attached my SSDI award, Disability retirement award, and all medical records that the VA didn't acknowledge in the evidence section of my recent 20% disability increase. Sent it out certified mail with return receipt. If it doesn't work out before 10-04-06 or sooner I'll have to file the tort claim. Hope your claims work out for you. I appreciate the help you've given me and all other vets. Mike