Vamc Contacted Me In Regards To 2 New C&p's Requested By The Varo

[Bound4heaven]

Greetings,

I just received a call from the VAMC, and was told they have have set me up for 2 more C&P's (total of 5) I have taken 1 so far. I was contacted by the director of the C&P. She informed me that the RO had wanted more exams. I refuse to let the issue go. I asked her why am I having so many C&P exams with so many different doctors? (I am rated at 100% T&P) I informed her that I have never had so many a one time.

I asked her point blank what the new ones were for. She said the RO had sent her 10 pages of issues that need to be addressed (ie: 1151 & Federal Tort) she said that yes it was indeed for those issues, it has nothing to do with my 17 claims for increase (SMC). It appears those are the lest of theeir problems.

This lady went on to say that the person whom is doing the C&P is a specialist (I said a hired gun) there was silence from her. I asked her for the the copy of the exam this specialist was going to give me, and she informed me that she would contact the VARO to see if it was indeed ok to release this exam. I informed her that I have a legal right under the FOIA top receive it so that I could go to my doctor whom I see outside the VA who is also a specialst and allow him to perform the same exam, because I informed her I do not trust the VAMC, and hoped she could understand my position due to all that has happened. She agreed. Then she said she would contact the doctor and get a copy of the exam. I informed her she just told me that she had a list of the information that the VARO wanted in the exam. She was busted! I asked her to hold for a moment while I get my new fax number (she did) and told me she would fax that information to me.

She thought she was dealing with a no brain. She made a comment at the beginning of or conversation she said, "This is for your health care" what a bunch of foolishness. I told her that this isssue is a legal issue and has nothing to do with my best interests or my health care, for if that was the fact I would have never needed to file a 1151 or a federal TORT claim. She said nothing.

It appears when a veteran files a 1151 & Federal Tort stand by. However I will fight for what is right and what I know to be right. I will every resource I have (hadit included)

Can anyone give me their advice on these issues. I do thank you all. God bless.

[betrayed]

It appears when a veteran files a 1151 & Federal Tort stand by. However I will fight for what is right and what I know to be right. I will every resource I have (hadit included)

So what are these? I am ignorant in this area?

[Bound4heaven]

So what are these? I am ignorant in this area?

Greetings,

Great questions. I hope this helps to explain them. I know it's confusing at times. God bless.

Bound4heaven

Pursuant to Title 38, Section 1151 of the United States Code Service (U.S.C.S), there are several avenues of compensation available to Veterans who suffer a physical, psychological, or psychiatric personal injury as a result of VA, VA Health Care, VA vocational rehabilitation (pursuant to Chapter 31 of Title 38 U.S.C.S.), or participation in a VA compensated work therapy program (Pursuant to 38 U.S.C.S., Section 1718).

First, a Veteran, or his or her survivors or estate may pursue a medical malpractice claim against the under the Federal Tort Claim Act (FTCA). At the time of filing a FTCA lawsuit, or at any later time, a Veteran may apply for Disability Compensation under Section 1151.

If under Section 1151, the VA determines that the Veteran’s disability was caused by VA negligence, the VA will pay Compensation Benefits as if the disability were service connected.

Also, if under Section 1151, the VA determines that a death was caused by VA negligence, the VA will pay to the Veterans surviving spouse, children, or other family members, or estate, Dependency and Indemnity Compensation (DIC) benefits as if the death were service connected (Pursuant to 38 U.S.C.S., section 1310).

Although, VA compensation and DIC benefits are primarily aimed at providing cash benefits for disabilities and death related to military service, Section 1151 expands the program to cover rehabilitation, or participation in the VA compensated work therapy program.

Of course, if VA treatment for a service-connected condition makes an already service-connected disability worse or creates a new disability secondary to the service-connected condition, the Veteran may apply for an increase in service-connected disability benefits or claim secondary service connection without relying on Section 1151. There is no time limit for filing a Section 1151 Claim.

In most cases, Attorneys are not allowed to charge Veterans Legal Fees or represent Veterans in Section 1151 claims, unless a disinterested party pays the Attorney fees or until it becomes necessary for a Veteran to appeal his or her case before the Court of Appeals for Veterans Claims (CAVC). However, Attorneys may charge Veterans Legal Fee and represent them in both Administrative Federal Tort Claims, and in Federal Court.

For further details or assistance to apply for a Section 1151 Claim, contact any Veterans Service Organization Claims Representative located at your nearest VA Medical Facility or VA Regional Office. Please note that you do not have to be a Member of a Veterans Service Organization to receive assistance or for them to represent you with your VA Claim.

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[Guest Berta]

Bound-

you could send them a letter under FOIA to see just what those ten pages of "issues" are-

unless this is what she faxed you-

They certainly have taken your 1151 claim seriously- otherwise they wouldn't be doing all this rigamorale-

and if they can frustrate a Sec 1151 claimant enough to go away-they will try--

1151s are serious business-

just like a CUE claim is a "collateral attack" on the regs in 38 CFR that VA had misapplied , a 1151 is

a 'collateral attack' on medical VA incompetence that caused the claimant additional disability.

Have you received anything at all from the VA Regional Counsel on your FTCA claim?

[Bound4heaven]

Bound-

you could send them a letter under FOIA to see just what those ten pages of "issues" are-

unless this is what she faxed you-

They certainly have taken your 1151 claim seriously- otherwise they wouldn't be doing all this rigamorale-

and if they can frustrate a Sec 1151 claimant enough to go away-they will try--

1151s are serious business-

just like a CUE claim is a "collateral attack" on the regs in 38 CFR that VA had misapplied , a 1151 is

a 'collateral attack' on medical VA incompetence that caused the claimant additional disability.

Have you received anything at all from the VA Regional Counsel on your FTCA claim?

Dear Berta,

Yes I have. I recieve a letter from the VA RO Attorney. It was an anknowledgement of my filing the TORT claim and the amount I requested and said I could not bring suit against them for 6 months because he said the VA had 6 months to make a final disposition of this claim.

Yes it does appear the VA is taking this 1151 claim very seriously, as they should. I have an attorney at this point is for reference only. He is a specialist in VA Tort Claims. However I will continue to us hadit as much as I can. I am weiry of giving anyone control over my affairs when it comes to the VA systems. I am not a big fan of Service Officersb either. They did me claims real damage when I was 1/2 way to becoming 100% T&P I can trust them as far as I can throw them too. Thank again Berta. God bless.