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1151?

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foreveryoung

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foreveryoung Collaborator

foreveryoung

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I am rated SC 0% for an operation while in the military and 40% for secondary. It has taken me about 26 years to prove to the VA they made mistakes during the operation. Total I am at 80%.

When I was following other topics on 1151, I got the idea this was a seperate claim. I know I missed the time line of 2 years, for a Tort claim by about 30 years. But I didn't know at the time and no one was tell Vets. what they were able to receive.

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foreveryoung Collaborator

foreveryoung

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Berta

Does this help you any?

I am rated SC 0% for an operation while in the military and 40% for secondary. It has taken me about 26 years to prove to the VA they made mistakes during the operation. Total I am at 80%.

When I was following other topics on 1151, I got the idea this was a seperate claim. I know I missed the time line of 2 years, for a Tort claim by about 30 years. But I didn't know at the time and no one was tell Vets. what they were able to receive.

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Berta

Berta

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The military is exempt from 1151 and Tort claims under the Feres Doctrine-

they cannot be sued for malpractice.

"Feres doctrine

A legal doctrine that prevents people who are injured as a result of military service from successfully suing the federal government under the Federal Tort Claims Act. The doctrine comes from the U.S. Supreme Court case Feres v. United States, in which servicemen who picked up highly radioactive weapons fragments from a crashed airplane were not permitted to recover damages from the government. Also known as the Feres-Stencel doctrine or the Feres rule. "

from Nolo.com

(However the servicemen in this case could, as veterans, get any disability due to the radioactive fragments directly service connected by filing VA claims as veterans.

And they probably did)

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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betrayed Mentor

betrayed

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what are the procedures for filing a 1151, is there a form?

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

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john999 Grand Master

john999

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No form for the Section 1151. Just send a certified letter with the why, what and when and that you are making a claim under Section 1151.

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