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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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Berta, Help With Finding A 1151 Poa Or Vso

Question

Hello Berta, I have just mailed my packet to Regional Office for the Section 1151(CLAIM) today certified mail. I followed your template that you had on the FTCA and Section 1151 section under Hadit helps. My problem is I do not have a VSO or POA for it. Attorneys are out because they can't get paid, that is unless I can make an agreement with one. If you or anyone else has some thoughts on this about obtaining a POA that is knowledgeable on Section 1151 I would like to know so as to try and keep this moving. Oh yes I am trying to get a second Cardio expert to help me with another Nexus so that I will have 2 of them and I can try and submit that one at a later date. This is all new territory for me and I know that you have had such huge victories in the FTCA and 1151 areas. I greatly trust your judgement. NEVER GIVE UP, God Bless, C.C.

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I have no idea who to recommend.

DAV, AL, VFW reps etc etc are all trained in 1151 claims.

If you have a strong IMO (from doctor with expertise in the field of the negligence)

that states

1.there was negligence or malpractice due to VA heath care -with a full medical rationale

and

2. if they documented how you have incurred a resulting ratable additional disability due directly to that negligence,

and the IMO conforms to the IMO criteria here or to the one your lawyer gave you-

you don't need a rep for the 1151 claim.

Just send the IMO in with a 21-4138 stating you have enclosed it in support of your 1151 claim.

No one helped me with either my 1151 claim,or my FTCA claim.

I had overwhelming evidence of malpractice.

I would not know who to recommend.

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Hello Berta,, Thank you so much. I did not fill out the 21-4138 and I just got in a hurry . I hope that does not hurt the claim as I had a cover letter. I guess I can just fill one out and add it to it stating see material submitted or something like that. I have the IME and will probably be getting another one from a Cardio doctor that I hope we can add to the submitted report. Well I maybe better of just trying this myself rather than letting a VSO get involved. I am more familiar with what happened.

I am running into problems already trying to get the VA to give me ALL of the Progress and Medical reports , xrays and such. They also have failed to give me the Athero Carotid Doppler report. It does not show up in the Reports but shows up in the Regional Office Denial listing that I do have it. However they only treated me for Hyperlipidemia and of course the Myocardial Infarction happened. Also they took me off the HTN meds just one year before the event and said I did not qualify because it was a restricted drug. I am hoping to tie all that in to show no treatment and treatment that left standard medical care. Its a big pain in the neck trying to sort it out. Especially since they won't cooperate , even though they are suppose to by law. You and I know what they do best.

So do you think I still need the 21-4128..... it just slipped my mind? Thanks again Berta, NEVER GIVE UP. God Bless, C.C.

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"So do you think I still need the 21-4128..... "

If you sent them a cover letter-they dont need a 21-4138. I never even used a 4138 for anything until last year.

If this is a negligence claim over cardio matters you definitely need an IME or IMO opinion of a cardiologist.

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Hello Berta,

I have used the 21-4138 on my claims and such but just did not on the 1151. I am probably going to hear from the Cardio Doctor soon on an appointment and such. I already have a IME from my MD. I am hoping the Cardio IME will just be the key and the MD IME will back it up or vice versa. Anyway now comes the battle and as you said ........it will draw them out ......so we will wait and see what happens. I will try and keep this moving as it now is filed and so is the FTCA. Thanks again Berta for your help. NEVER GIVE UP. God Bless, C.C.

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