Has This Happened To You At C&pexam?

[sammy104]

My husband went in for his c&p for exam to upgrasde his sc disability. He is total dependatant , as he had massive stroke last year, and needs 24 hr care, has occasional tremmors also. I filled out the 5 page questionaire warning them of his current state of health, in addition to info specifically realated to is s c disability. He is in weelchair..and after I got him into room, they asked me to leave, and my husband will talk to the dr. I said he cant speak due to stroke. It did not matter. I guess they didnt read the formo I just gave them? I had to go to waiting room and he would be fine. I sais , no he wont he has occassional tremmors and cannot be sitting in room alone please. on and on this went till finally the dr who heard me from other room said he would go in tere rite now. The exam was over. I had no idea what they did. How was it a good exam if my husband cannot talk, and has limited mental capacity due to stroke??. He shakes his head yes to anything you ask him. How was it a correct exam if he was alone with dr and cannot speak?

[Vync]

The key sentence here is-We never knew he had AF. A lot of times there is no way of diagnosing AF, until after the stroke or TIA. Just as in my heart attack, no symptoms at all!

Mrs.Sammy,

Sometimes AFIB can clear up by itself, but in my case, I was hospitalized.

Has your husband ever reported periods or have treatment records showing his heart beat fluttering or beat irregularly?

If you have military or VAMC treatment records where this was reported, occurred and/or treated, they may come in handy.

Edited December 20, 2010 by Vync

[sammy104]

No record of heart complaints I have seen in hubbys file..he was military...neither did he complain to me...he is 72 years old....any tiredness on his partr...we added up to "aging"

[Vync]

No record of heart complaints I have seen in hubbys file..he was military...neither did he complain to me...he is 72 years old....any tiredness on his partr...we added up to "aging"

My cardiologist informed me that certain medications or medication combinations can contribute to a greater chance of having AFIB. After my episode, he permanently took me off of certain medications, including anything containing pseudoephedrine/sudafed.

[john999]

Maybe you should try and get a VA lawyer to do his claim. If the lawyer won't take it you know what you are up against.

[sammy104]

I should maybe go to oter area other that C&P forum...as I see this is an 1151 claim? let me know please...thanks

[Berta]

Our FTCA forum here has Section 1151 information.

There is no 1151 claim form I am aware of -I just wrote them a letter- there might be a template in the FTCA forum.

"This is a claim under auspices of Sec 1151, 38 USC. I believe my VA clinical records will reveal that negligence due to failure to diagnose and treat my conditions in a timely manner caused my totally disabling stroke"

You can add a few reasons for that- lack of consistent ECHOs etc-hard to say what you should add and even if you don't add any reason they will contact you for more info.

Make sure you have ALL VA medical records before you send them this claim. They wrote 1151 all over my C file when they got my 1151 claim and would not release anything else to me.

In the meantime ( this claim will take time)you should get an opinion from an IMO doctor as to whether or not VA negligence caused your husband's stroke.

It is difficult to know what the medical records will reveal and maybe there was No negligence.

You can use the IMO if it supports the 1151 claim and also if there is time left, you could seek an attorney if you consider suing the VA.

As I mentioned before they only pay under 1151 or FTCA.Not both.

Section 1151 claims require:

1. documented medical proof of bonafide medical negligence (it will be found in the med recs but best to have a doctor read them unless you have strong medical background yourself)

2. proof of resulting disability or death -that is by medical evidence-directly due to their negligence.

FTCA is a whole different aspect and that info is in our FTCA forum with 1151 info.