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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Charleese

Neck Numbness Section 1151 & Sf 95

Question

Hi everyone,

On April 1, 2008 my son signed a VA Consent Form for Treatment/Procedure and under item #17 Comments of that form it states "Patient would like to have relative joining him on day of surgery informed of results of frozen section prior to full neck dissection who will aid in decision making." On April 3, 2008 day of surgery the doctor met with my husband and I as well as my son, and doctor stated to us that they would not perform anything but frozen section and that they would confer with me as to what procedure to perform next. Once frozen section was completed they went ahead and performed a full neck dissection without conferring with me. If they had conferred with me like they were suppose too, then they would of known that I would have opted for radiation therapy over a full neck dissection.

This procedure have left my son with permanent numbness on the right side of his neck. He has pain in his right shoulder, and has cut hisself shaving and didn't know he cut hisself until he saw the blood. He has no feelings on that side. Even though VA tells him the numbness will go away here it is 20 months since procedure and numbness hasn't gone away. They thought he had cancer and that's why they did procedure.

My question is do you think he should file a Section 1151 and SF 95, and if so do you think he needs to hire an attorney? Do anyone have a sample letter of Section 1151 that we can use as a guide? Please Post it. Do anyone have a sample of SF 95 that's already filled out, so that we can go by, please post it?

Also, what will he get out of filing both Section 1151 & SF 95.

Thanks in advance for your replies.

Edited by Charleese

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4 answers to this question

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FTCA torts (SF 95) must be filed within 2 years of knowledge of any potential VA malpractice.

The SF 95 and the FTCA case should be handled by a lawyer.

However if time is of the essense, fill out, sign and copy, and send it in- ask them for millions-and make sure the form amounts of damages are totaled properly on the bottom of the form. If the amount is too low no lawyer will want to handle the claim. Obviously the VA wont pay millions but this amount MUST be large enough to peal down for a potential settlement.

The OGC told me this part of the form often is filled out wrong by veterans and widows and they had to reject SF 95s where the amounts were not properly figured into the form and totaled.

On my SF 95 under the charges part -I stated that the VA care my husband received was not appropriate care when compared to what would have been appropriate care in the standard medical community. The VA's numerous omissions of acts caused the malpractice to escalate and directly caused his death..

( I referred to and attached some of the medical evidence to expand on that)I had plenty of time to send them more evidence too.

Under witnesses I named all of the VA doctors who malpracticed on him at two separate VA's.

Section 1151 claims-

I re-opened my husband's Section 1151- basically he stated it was a claim under auspices of Section 1151, 38 USC.

He stated ways in which he believed the VA had been negligent in his care and referred them to specific medical events as best as he could- we didnt have the medical records yet.

He ended stating that if his VA medical care did not improve and that if it was negligent he feared the VA would cause his death directly due to their negligence.

After he died I got his med recs and found he was right and sent them copies of specific records that showed malpractice had occurred in 2 separate VA hospitals.

Section 1151 claims have to be filed at the VARO that your son deals with.

The SF 95 should be filed with the General Counsel -VA-in DC with copy to Regional or District Counsel VA C/O the VARO.

An Independent Medical Opinion is critical for these types of claims.

A strong IMO that supports malpractice to present to a malpractice lawyer will usually get their attention enough to handle the FTCA case.

I cant attach here the actual 1151 claim and SF 95 I filed because that matter was all re-opened by the OGC recently.

There might be a template here somewhere of the SF 95 form and am actual Sec 1151 claim.

Edited by Berta

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I hate this has happened. Sensory neuropathy is a serious thing as I deal with it on a daily basis.

If he has other types of insurance, I would insist he go to a private Neurologist to do a NCS and find out which nerve they nicked during the procedure. A MRI may also help ( With contrast).

As far as the legal aspect, Berta is on board and She is extremely Knowledgeable and can assist.

J

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I might have forgot to mention- make sure you have copies of ALL VA medical records before VA gets wind of any 1151 or FTCA claim.

The MF shows up when they get a FTCA/1151 matter. I know the MF quite well-

It is the Mysterious Force employed by the VA to hide, destroy, or remove the important stuff from the C file when they get these types of claims.My husband's autopsy was sent and removed from the C file 12 times.It was the most critical evidence I had.The MF must be a GS 15 to have known that.

After I won my FTCA and 1151 claims the MF put back some of the missing stuff.

My point here is the VA will do ALL they can to get out of these types of claims.

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I might have forgot to mention- make sure you have copies of ALL VA medical records before VA gets wind of any 1151 or FTCA claim.

The MF shows up when they get a FTCA/1151 matter. I know the MF quite well-

It is the Mysterious Force employed by the VA to hide, destroy, or remove the important stuff from the C file when they get these types of claims.My husband's autopsy was sent and removed from the C file 12 times.It was the most critical evidence I had.The MF must be a GS 15 to have known that.

After I won my FTCA and 1151 claims the MF put back some of the missing stuff.

My point here is the VA will do ALL they can to get out of these types of claims.

Thanks Berta and JBasser for your quick replies, I appreciate them.

Berta we have sent for a complete copy of his C-file folder on November 19, 2009 but have not received it as of yet. However, my son listen to me and got a copy of his medical records on 9/9/2008 pertaining to his operation.

JBasser,no he does not have any other type of insurance. However, my husband and I are looking into the cost of my husband's neurosurgeon to see how much he would charge to do an NCS on him as well as an IMO. Do you know how much an NCS cost? Also do you have neck numbness, if so I like to hear about it from you.

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