1151 Claim

[Yakima]

I am brand new to the board. About a year ago I had an operation on my nose at the VA hospital. It was for a diviated syptom and they also did some plastic surgury. Before the operation I could breath fine, only at night did I have a problem. Now my nose is constantly plugged, and I have terrible headaches that I never had before. My nose problem is 1,000 times worse than it was before the operation. I have complained at the hospital and they said they could go in my nose again, but it was only a 50/50 chance they could fix the problem. I never had the problem before. I don't trust them, and I don't want the VA screwing with my nose again. EN&T also told me I had nerve damage and that's why the bottom of my nose is numb, where it was never numb before the operation. I am 70%. Is there anyway can file a 1151 claim. I don't know where to start. Any help is greatly appreciated. Yakima

Edited February 28, 2006 by Yakima

[john999]

Yakima

I would file the 1151 claim. Use your own private ENT guy to write a report backing up your contention that the VA made your condition worse. This is going to take time so you might as well file right away. I don't think you have anything to lose. I don't trust the VA either to do surgery on me.

[Testvet]

you are probably lucky they didn't connect your septum to your bowel and your blowing chit out your nose, I had a heart cath done by the VA in Oct 02, in the past I always had them done at a civilian hospital and I never had any prblems after the procedure, and I have had a lot of them done, 13 in all 11 at MCG and 2 at the VA, the last one they kept me wide awake during the procedure, didn't even have me loopy good before they started, they hit a nerve in my leg and when they shot the dye into my heart the pain brought me off the table and I did something to my back, if I lay flat on my back my right leg goes to sleep in about 5 minutes and it is very painful when I move, needless to say, I sleep on my side since then. It never has gotten any better, and the surgeons have refused to do anything to fix any part of me, they won't even give me a local anathesia (sic) no surgery what so ever, if pills don't fix it or mask it, live with it was what they told me. Medicate till I die. What a prognosis

[Guest Berta]

Yakima- Welcome to hadit-

all you need to do is send them (the VARO)a letter with your c file number on it stating:

This is a claim under 38 USC, Section 1151.

I believe that, due to VA medical error, I have incurred additional disability.

(Then you could state what happened and what the ENT doc said. You could attach evidence to this and send it Priority wth tracking slip or by certified mail.) I would certainly mention the headaches as well as the

numbness and the fact that the problem is worse than it was.

70% SC now? are you working?

Have they recently considered you for TDIU? Total Disability due to Unemployability?

If your SC conditions, to include the side affects of any meds you take, render you unable to do substantial work, you should file for TDIU.

I will attach the form. If you feel you should apply for this benefit -VA comp at 100% rate- you could refer to it as enclosed ,separately from the 1151 claim, and send it to them also.

Under Remarks you can attach another page and tell them of any side affects of VA meds you take that would prevent working and-if they ever turned you down for Voc Rehab-make sure you tell them that too.

TDIU_form.pdf