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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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JohnM.

1151hearing Comming Up

Question

Have been fighting the VA for 10 years now and now have a hearing comming up next monh with a judge. can anyone tell me what to expect and how i should prepare for this? I have a DAVSO thats is suppose to be helping me, at leas i hope so, have never meant him. I really need some advice please. thank you and hope all have a GREAT weekend. God Bless. JohnM

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I am a 1151er too.

Make sure the VA has documented medical proof of any established disability that the Section 1151 negligence cause.

Make sure the VA has proof of medical negligence that occurred and caused the disability.

For my 1151 claim and FTCA claim (I filed both but each was a separate issue legally)

I made copies of my husband's specific medical records and highlighted them with magic marker as to exactly when ,how and where the malpractice occurred.(2 VAMCS were involved)

I highlighted and argued the results of medical tests and the VA's lack of proper diagnosis and treatment in the face of critical heart disease, strokes, etc.evident by their own test results and then my husband's autopsy which fully revealed they had cause his death due to negligence.

Successful 1151 claims and FTCA claims rest on evidence,evidence, and more evidence (they dont like to pay these awards)

and I suggest veterans should get an IMO and if FTCA and IMO and a lawyer for these types of claims.

what was the documented negligence or malpractice they committed?

what resulting ratable disability did their negligence cause you to have now?

Malpractice and negligence has a paper trail. They can try to cover it up as they did in my husband's case- but even the cover up of malpractice has a paper trail.

That is how I got them to admit they killed him.

I had documented evidence (well hidden in the med recs) but nevertheless documented evidence that the VA did not diagnose and treat him in any way acceptable in the standard medical community and they caused his death by these medical errors.

The DAV didn't believe I would succeed at all.

They were stunned when they found out I won.

Hope you have a better rep then I had.

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PS is this a DRO hearing?

Keep them on point- keep them focused solely on the evidence of negligence and then the evidence of disability due directly to that negligence- dont let the DRO or the DAV rep go off on tangents-or start yapping about anything else.

Make sure they verify ALL evidence you sent or bring with you is in the record.

Make sure they have ANYTHING they overlooked in the last decision you received.

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JohnM.,

Welcome to Hadit.

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Have been fighting the VA for 10 years now and now have a hearing comming up next monh with a judge. can anyone tell me what to expect and how i should prepare for this? I have a DAVSO thats is suppose to be helping me, at leas i hope so, have never meant him. I really need some advice please. thank you and hope all have a GREAT weekend. God Bless. JohnM

Thank you carlie and berta for the welcome. i had a lawyer but he wihdrew from my case 2 years ago. As of this day i live in very real pain and all my VA dr says "deal with it" and gives me a botle of pain meds. Even right now as i write this im in pain in my kidney, the VA drs in Albuqueque broke off two, yes two pieces of metal guide wires and left them in me, not right in the kidney but just on the outside. I have had x-rays, Ct's, Ultrsounds, and am told all my other organs look ok, if that is the case then why do i hurt so bad. THE WIRES THEY LEFT IN. thats why. even in my records the VA drs admit that they broke off these wires, i have plead with the VA to please remove them and they wont. Well if they think im gonna lay down and let them walk over me, they are sadly mistaken !! I will fight them til the day i die. Am on SSD now after 9 heart attaks, severe COPD. Oh i meant to add is i had a Dr. Bash write his medical opinion for me, quite costly, and submitted it to the VA, they looked at it and basically said fine, but since he did not physically examine me they will not accept his report. I will ask that they re-consider this report. Also now with my current VA dr's statement "deal with it" i will submit that also. Am getting so upset with these people at the VA am ready to bust a bubble. John

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JohnM.,

What specific additional disability, did you incur due to malpractice ?

What is the medical evidence you currently have showing additional disability

and that it is specifically due to malpractice ?

Also, your profile shows no service connected disability, is this correct ?

When did you serve - when discharged ?

Have you just filed an 1151 claim with VBA or have you also filed

a Federal Tort Claim ?

carlie

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