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Template Sec 1151 Claims


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Question

Template for Section 1151 claims

To VARO etc

This is a claim filed under auspices of Section 1151,38 USC.

I believe my VA medical records will reveal that I did not receive a standard of VA medical care comparable with that of the standard medical community, regarding treatment (or non treatment) of my (put disability here that they malpracticed on) and as a result of the VA's medical errors I have incurred an additional disability of ( put the additional documented disability here that you claim is directly due to the malpractice. Add any secondarys to this that also are due to the 1151 disability.)

I have listed and enclosed the following medical records to support this claim:

(Then list the enclosures with date of the medical test or entry and brief description of what they reveal for the 1151 issue. Try to keep the focus solely on medical errors and the results that are documented.In many cases it could be an “omission of an act.”

Then sign it, make copy of it, and mail it with USPS tracking slip to your VARO

For example your med recs reveal need for MRI and ECHO regarding a VA doctor's concern over a carotid artery situation. The med recs note “W/O CAD.”after you complained of neck pain and headaches. But MRI and ECHO is never ordered. Then you have a major stroke with embolic cardiac origin.This “omission “of proper follow up testing that resulted in your additional disability of a stroke is more than likely malpractice and could involve a malpracticed heart condition as well.

Or say the VA diagnoses and treats you for bleeding hemmoroids for years.You develop another condition that involves further testing such as extensive blood work etc and these tests results cause the VA to consider cancer. They diagnose you with stage 4 colon cancer and remove your colon. You didnt get Stage 4 cancer overnight. The VA has most likely committed malpractice.

These are true cases and much more to them than this -this is just a simplified example of malpractice.

Section 1151 claims ,when first filed, should be short and sweet. Focus solely on the evidence of negligence or malpractice in the medical records.It is a good way to state the claim as 'I believe, or I think or I feel '

that VA made medical errors and caused you additional disability but from that statement on- give them documented facts supported by copies of the clinical record.

All NSOs and vet reps are trained with the same training I got on Section 1151 claims.I advise getting a POA for 1151 claims.The Section 1151, 38 UCS regs are not difficult to understand and contain the keys to what evidence you need:

1.documented proof of medical error ,omission, negligence, malpractice that is in your VA medical record file.

2.Documented proof that you have a resulting additional disability directly due to the malpractice.

If VA was negligent to point of causing you harm, this will be in the medical records. This is why it is best to obtain an IMO for these claims.It will be in there but if you don't have a medical background, it could be well hidden and attempts can be made by VA to cover up prior malpractice,

Those attempts to cover it up however will be documented in the med recs.That sounds odd but I found evidence of a VA cover up and can verify it happens. That evidence was also critical to my FTCA/1151 claims.

VA fights 1151 issues aggressively. The initial filed claim will draw them out. They might well put their foot in their mouth in the SOC.But they will try to walk all over you if you do not have an IMO. An IMO for a Section 1151 claim, if it supports the malpractice-will easily be absorbed cost wise by some of the 1151 comp checks you get , that you might never see with the IMO.

FTCAers and 1151ers:

I have alreadly posted in the FTCA forum many important things to consider if you file both types of these claims. The VA will only pay once under either of these regs.That info is detailed here and with the FTCA regs which are googleable.

If you have lawyer preparing your FTCA issue. Ask the lawyer if you can use their exact wording on the SF 95- the part where the claimant states the charges.It is under Number 8 on the SF 95 form:

after stating that this is a claim under Section 1151 , 38 USC.Instead of what I posted here.

Get the lawyer's permission if you use this statement from the SF 95 verbatim for 1151 issues.

For the claim as well as for an IMO you need to thoroughly review your medical records any many times. Get a good medical source to use to help understand the medical acronyms and abbreviations. Try to figure out anything that has line drawn through it or that appears they tried to erase or delete.

Prepare a cover letter for the IMO doctor with your take on how they malpracticed. The IMO doctor will review everything anyhow but nothing should be overlooked.For examle a minor entry on the surface might mean nothing but there could be extenuating circumstances the IMO doc needs to know.

I quoted something a VA doctor told me in Aug 1992in my FTCA/1151s but had no proof of what he said- then I realized the very same day I talked to him, his entries revealed what we had discussed.His handwriting was awful and copies of this entire page of the med rec always comes up very light and hard to read.It took many hours but I could decifer the whole thing and it was critical to my 1151/FTCA issues and my IMO. It was also the day the cover up began. I had asked the wrong question. They started to scramble.

Another entry was very very hard to read and I had the VA contact the doctor and her secretary transcribed it to for me.

On the hard to read entry I couldnt' believe how ridiculous what the VA doctor had written was. .I was sure I was reading it wrong.

The transcribed version was verbatim to my decifered transcription. More proof of VA malpractice.

One cannot overlook a single entry or chart or test results when filng FTCA and/or 1151 against the VA.

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Here let me help you bump it up again cause I'm reading all your information! You are one knowledgeable and strong woman for sure!

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Thank you Doug....welcome to hadit.

My husband;s untimely and wriongful death has helped others here with the knowledge I gained from the FTCA and 1151 cases I had.

Since those older posts here, VA has changed the claims  form criteria but I don't think they have any specific form for 1151 claims yet. Some of the major vet orgs might have their own template.

 

 

 

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bumping this template up for potential new member from my locale with possible 1151 issues.

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bumping it up again

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I asked someone from another site to read this info so am bumping it up again.

The Veterans Administration saves countless lives all the time.I would think just about every VA pt gets adequate health care.

But mistakes can be made and the consequences can be further disabling or even deadly.

A vet with a potential Section 1151 issue should first obtain their complete VA med recs and C file from the VA without suggesting in any way, that they intend to file a 1151 claim.

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bumping it up again-

and please read all info here and in the 1151 forum as to FTCA offsets and 1151 awards if you file both.

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