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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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ytheydothis

Is This A Possible 1151 Claim

Question

had surgery at a va hospital for a l/4 l/5 laminactomy spine surgery got surgical notes from va of the surgery... notes said surgery performed l/4 l/5 laminactomy and the procedure performed etc....... I continuiously sought medical treatment at va hospital recently had a new Mri from an outside sourcei it states its shows a l/4 l/5 laminactomy and a l/5 and S/1 right hemilactomy has been performed....I was never told I had a double laminactomy is this va neglegence its funny......It took 10 yrs to find this out

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Our FTCA forum here has the whole 9 yards on filing Section 1151 claims.

Or use our hadit search browser and google Section 1151 claims.

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Would have rather they had woke you and told you that you had more wrong and they take care of it or just fixed the on area and go back and go thru the same thing at a later date. At this point I don't see anything for a 1151 claim at ten years.

I am going in for a cervical revision soon and I hope they take care of what ever they need to while there so I don't have to go back.

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maybe you needu to understand i had a wife right there maybe they could of told her....Or maybe they could of told me when i was awakened at that time. Or maybe they could of wrote it in the surgical notes.... Maybe you need to understand that if you have a double laminactomy that you need to have a fusion.... So 10 years later you wouldnt have to suffer from a collapsed vertabra at two levels and by the way there wasnt anything wrong with the disk that they cut.....Could someone who has experenced a double lamanactomy comment on this please....

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This is a Malpractice victory for someone with a similiar problem:

http://www.jvra.com/Verdict_Trak/article.aspx?id=168940

Section 1151 and FTCA claims require:

Documented evidence of additional disability direct due to the malpractice- and

documented evidence of the malpractice.

." I continuiously sought medical treatment at va hospital recently had a new Mri from an outside sourcei it states its shows a l/4 l/5 laminactomy and a l/5 and S/1 right hemilactomy has been performed....I was never told I had a double laminactomy is this va neglegence its funny......It took 10 yrs to find this out"

A good malpractice lawyer could manipulate that info possibly into the FTCA 2 year statute of Limits for FTCA.Since you only found this out by virtue of the MRI.

The MRI doctor could potential provide you with a strong independent medical opinion.

There are many malpractice lawyers on the internet who could possible assess your case via email.

You presented her what looks to me like bonafide medical malpractice but only a thorough review of your med recs could support that.

There are plenty of IMO doctors on the net as well.

You can file (from what I see here) Section 1151 as well as FTCA claim -the ramifications however of succeeding in both claims are explained in our FTCA forum.

You can file the FTCA and 1151 yourself -=you have that right but still-

you will need to send the VA the evidence from your med recs and this MRI results to them to build your case either way you go.

I had no IMo doc or even a lawyer for my FTCA Sec 1151 awards.

It took almost daily work and research on my part for almost 3 years.

I actually had far more evidence of malpractice than I really needed.

But now I wish I had simply gotten an IMO doctor and a lawyer as it would have saved me a lot of work.

Their IMO and legal fees would have been an insignificant amount compared to what I got in cash from the VA due to their malpractice and negligence.

Your FTCA case and/or Section 1151 rsts solely on this legal point:

The VA committed acts or an omission of acts that caused you additional disability because they did not meet a Standard of Care as found in the Usual Medical Community.

In other words, real doctors (non VA) would have told you of the double laminactomy and treated the results of that situation. with a fusion if that is the medically appropriate treatment.

All vet reps from the vet orgs are trained in 1151 claims and you should seek a vet rep to help with that.

Vet reps cannot advise on FTCA issues.

However if the results from FTCA are successful, then the 1151 will be too and vice versa but again I remind all here-

there are legal and financial ramifications of succeeding under both FTCA and 1151.

If you file yourself under FTCA, it pays to read all of the FTCA regulations.

Those VA lawyers in DC are sharp as a tack.If you go one to one with them, you have to know your stuff in and out.

I liked dealing with them but I am "too tough" as one lawyer kept saying to me.

I still am dealing with them over another legal issue. They(Office of General Counsel VA ) and the Top Strategic Health Team at VA Central are the smartest people in the whole VA system.

Edited by Berta

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