tinnitus 1151 Form?

[bigvic]

Is ther a form 1151, I can't seem to find one anywhere. I just read a appeal on Tinnitus that was won that made up my mind to try and get some results in my own case. Different diagnosis but very simular circumstances.

Bigvic 100% P/T Severe Spinal Canal Stenosis...

[Berta]

If you mean a Section 1151 claim- there is no form.Just send a letter with your c file number on it.

These claims require a statement that you are filing the claim under Section 1151, 38 USC and that you believe that your VA medical records will reveal that you received negligent and/or inappropriate medical care from VA, and that you have resulting disability from their medical errors.

You will need proof of medical error, negligence, malpractice,etc-

for treatment not consistent with that of the standard medical community

and proof of current additional disability diue to their medical errors.

[Guest allanopie]

Berta,

isn't the sf95 needed?

sf95.pdf

[Berta]

If the vet also wants to file a FTCA claim-yes-

The SF 95 must be filed with VA counsel within 2 years of the day that the veteran became aware of the malpractice.

Some vets just want the 1151 granted- if the vet is successful under both FTCA and Sec 1151- there is an offset they have to consider.

One of my friends, 1151 vet, asked me about the FTCA scenario .I thought it was much easier to deal with the VA counsel and VA doctors in Washington on my FTCA , then with them at the VARO on my 1151.Probably because they are great lawyers and VA's top notch doctors are down there-they get it-

not that we didn't go round and round- but -when you have the documented medical evidence of malpractice-you have the ability to succeed on these claims.

My friend's point was -he had quite a good case- but a FTCA claim would have given him a large settlement and then he would not have gotten his comp restored for many many years due to the offset-

he was unwilling to think about investments as a way to recoup his VA comp under 1151 (100%).

He filed only the 1151 and succeeded in it.

Then about a year ago- he got a SMC retro from VA on an additional claim- $8,000- he and his wife spent it in less than 2 weeks.

This is a factor one needs to consider on FTCA claims-

A lump sum settlement can sometimes e spent faster than a monthly comp check.

[bigvic]

So what you are saying is if I win on the FTCA claim I'll lose my VA comp? Geez, I know I have them cold on the iissues. OK, 1151 claim then, I can't lose my comp no matter how much it would net me to have to try and fight and get it back later....