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  • 14 Questions about VA Disability Compensation Benefits Claims


    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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I went to the VA last year, they waited 2.5 months to remove a disc that was on my spinal cord. I can hardly walk and on tons of pain meds.

Last week the at the C&P exam the doctor wrote it is more probable than not and a few other things saying the delay in treatment caused the spinal cord damage. I take care of my personal needs but can't clean house or take care of my kids...

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Did you file a claim under 38 USC Section 1151?

You sure have the evidence for that.

If the VA errs in treatment or lack of treatment, or does anything that is negligent and causes additional disability-the additional disability can be rated and deemed "as if" service connected.

It sounds like you might still be in the FTCA statute of Limits.

If a vet makes clam against th USA ( VA) for damages due to negl;igence within 2 years after they are fully aware of the negligence ( the doc's statement might be the SOL date here) they can file FTCA case against the gov and succeed.

However FTCA settlement amounts are offset to any Sec 1151 comp.

There is a lot of info here on FTCA and Section 1151 clams.

It is unusual for a VA doc to even mention any basis for 1151 or FTCA- this doc did the right thing. Most of them would

have swept this under the rug.

Do you have a vet rep?

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PS if you are unable to work due to this medical error -file for TDIU under Section 1151 too.

Is there any good prognosis? Does the doc expect you to return to work at all?

Was this surgery for a SC disability- if so did you check out the temp convalensence regulations here at hadit under the search feature?

If for SC disability- then ask for TDIU under direct basis (as well as 1151)

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Welcome to Hadit and you can take Berta's advice to the bank. Once you get SMC the VA often will provide an aide to come a couple to five times a week and help out with light household chores and possibly help you with baths and other things.

Good Luck

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Get a copy of that C&P report to see if it actually says that. Sometimes these C&P doctors act like they are favoring you but when you read the report it is something different.

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