1151 Or Compensation Claim?

[KennyJ]

A couple days ago I posted that I have gotten GERD from my meds associated with my SC arthritis condition. My question is whether I should file a 1151 claim for being prescribed too many Nsaids or file a claim for secondary condition due to meds from my SC arthritis. I would appreciate any output that I could get on this subject. Thanks to everyone for the help and one day I will be able to pass on the knowledge that I am receiving.

[Wings]

Kenny, I think the only way you are going to win a 1151 Claim, a TORT, or even Secondary SC Claim (you can do all three) is to have an IME (independent medical exam) to show the relationship/cause between the over prescibed medications and subsequent GERD. Otherwise, you are arguing your own claim without a professional's opinion. Just my 2 cents! ~Wings

[Guest Berta]

I sure agree that this will take a strong medical opinion as what the medication caused and its ratable extent of disability.

But I would file both, one claim for the additional disability as secondary and then a claim under Sec 1151.

These are NOT "prohibition on dual receipt claims" nor are they the same type of claim.

I asked Ron ABrams of NVLSP about that-

I get 1151 DIC and he said when I succeed they have to pay direct DIC death too. 11 years of it so far.

no wonder they are screwing around with my claims.

I have a vet freiend of a vet. He gets SC at 100% TDIU rate for direct SC and then an additional comp check for SC under Sec 1151.

They did not have an example to put into the VBM. It usually happens at the VARO level- probably so no one will see either a BVA or CAVC claim like that and then realise the VA might have CUED them on a past similiar situation.

[KennyJ]

I am in the process of getting an IME from a private doctor and also the VAMC doctor put it in her notes that I should have been prescribed some type of protection for my stomach. Thank You

[Guest Berta]

Great- you are getting what you need!

I suggest that you support the SC claim with copy of the IME and then before filing the Sec 1151, get copy of your c file-

1151s cause the VA stress so they try to hide stuff-

then -when you have your c file use copies of each IME -the one from the VA doc too- to support the 1151 claim.

I have no idea how they would rate this.

Maybe the med sites on the web would reveal side affects that you also suffer from due to these wrong meds ,but that you didnt realise yet---just a thought

[Alex]

i

On bringing 1151claims

I would think7 that the hardest thing about winning an 1151 claim is expert medical eidence that the VA doctor really scrwed up, since for the VAMC to admit it just sewts themselves up for the troubloe involved im fefending against a FTCA suit. And, to prevail on such suits, the veteran needs to retain these hired guns who will tetify that the VA screwed up, and they do so at $1.000 - $2.000 a day of depositionms and trial.

Alex