Possible 1151 Claim

[jbasser]

In 96 a VA RAdiologist scared the crap out of me saying I may of had Lymphoma. My Primary care doc dismissed it as an over zealous Read.

I did a couple of tests ( No Biopsy) and it was discounted as another condition.

This thing has flared up several times over the past 3 years.

For the last month the ugly near has reared its head again and I am going for additional testing.

If this is Lymphoma it may be too late to do anything.

Does anyone see a 1151 claim here.

J

[deltaj]

You are still gathering facts on whether you have a potential claim under 38 USC 1151. It may be a good idea to obtain copies of all your medical records and copies of any radiology studies since those may be needed for your future treatment.

[Berta]

I agree with Delta to get all of the records and see what the diagnosis is this time.

(actually a second opinion might be the best bet)

1151 claims depend on

1.documented medical error and negligence or omission of acts (such as if they suspected lymphoma in the records but never followed through to rule it in or out and this 'omitted' treatment and proper diagnosis)

and

2, resulting ratable disability caused by the negligence.

I sure hope this is not lymphoma and it seems the past tests did rule out lymphoma.

With 100% now jbasser, I dont see the advantage of 1151 here to you as comp $$$ but a 1151 award, even with no monetary comp, would set the stage for your dependents if this is negligence and it caused or contributed to your death.

(unless any 1151 award would put you into SMC criteria)

If they messed up however-I do see the advantage of filing FTCA instead.

I am in same boat on my claim.

Receive 1151 for wrongful death (FTCA) but the recent award was direct SC.

FTCA settlements are offset by any 1151 comp.

But NOT offset when the vet gets SC comp and then FTCA settlement for a distinctly separate condition.

[Commander Bob]

WHAT???? When is your biopsy scheduled for? Get a definitive answer to the issue, this time. ASAP... You don't need the unknown lingering around for another day!!!

I found this in a 2005 T-bird Hadit post::

1151 claims are for injuries that will be rated 'as if' service-connected in cases where a veteran suffers injury, aggravation of an injury, or death as a result of VA medical treatment. The injury may have occurred during surgery, inpatient or outpatient care. If this resulted in an additional disability, the veteran can be compensated to the extent of that disability. If the VA hospital admits its error, compensation will be under the same VA rating schedule of disabilities that applies to all other service-connected conditions. If the hospital refuses to admit that it made a mistake, then you will need expert medical evidence to prove that such VA Medical Center (VAMC) treatment fell below the standard of care. Alternatively, a veteran can file a claim with the Dept. Of Veteran's Affairs (DVA) for medical negligence or other types of personal injury under the Federal Tort Claims Act (FTCA), provided the veteran timely files Standard Form 95 (obtainable from any federal courthouse) within two years from the date the veteran knew, or should have known, of the injury.

Edited October 20, 2009 by Commander Bob

[Commander Bob]

In 96 a VA RAdiologist scared the crap out of me saying I may of had Lymphoma. My Primary care doc dismissed it as an over zealous Read.

I did a couple of tests ( No Biopsy) and it was discounted as another condition.

This thing has flared up several times over the past 3 years.

For the last month the ugly near has reared its head again and I am going for additional testing.

If this is Lymphoma...

I hope everything works out for you soon, Jbasser. I dislike waiting around for test results...

Edited October 20, 2009 by Commander Bob

[Commander Bob]

In 96 a VA RAdiologist scared the crap out of me saying I may of had Lymphoma. My Primary care doc dismissed it as an over zealous Read.

I did a couple of tests ( No Biopsy) and it was discounted as another condition.

This thing has flared up several times over the past 3 years.

For the last month the ugly near has reared its head again and I am going for additional testing.

If this is Lymphoma it may be too late to do anything.

Does anyone see a 1151 claim here.

J

So..... Who gets the boat???

[jbasser]

Basser JR.

RV is up for grabs.

J