How Do You File A 1151

[dtclou]

How do you file a section 1151?

Can you just submit it as a regular clam & state it is a 1151?

If 100%p&t is granted on a 1151 is it the same benefits as a S/C claim (depentants/college/etc..)

[Guest Berta]

Section 1151 claims are not at all like a "regular" claim.

In essense they are claims of improper VA medical care (malpractice) that have caused resulting disability.

You have to state clearly what medical errors they committed-(wrong meds, amputation of wrong leg -I aint kidding -they did that- misdiagnosis, lack of diagnosis---etc----

then you have to back it up with the medical evidence from the med recs-

(an IMO always is the best bet here) and then you have to prove that you have suffered an additional disability.

There has to be a condition that you have incurred because of the medical screw up.

Medical errors occur often yet are resolved and the patient remains in the same state as they were in before the screw up-

Say your med records say you are allergic to penicillin and then during an ER visit they give you penisillin and you have a bad reaction-but they contramand this with another medication-

unless you have lasting medical affects- this is not 1151.

Say you go to the ER with terrible ear pain and then they administer peroxide-but but it-not in your ears but in your eyes-(this really happened at the local VAMC)

you suffer extreme pain coupled by a severely damaged retina-this IS Sec 1151-

Medical error so severe that lasting results and further disability occur = Sec 1151 claim.