Is This A Possible 1151 Claim

[ytheydothis]

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

[Berta]

forgot to ask-

is this situation in any way related to the SC you have now?

If so you can file Sec 1151 claimas well as claim for secondary for any residuals.

Also there are double laminactomy claims at the BVA web site with rating info.

I haven't found any cases under 1151 yet but if I get some time I will look.

[ytheydothis]

Thanks Berta!!!!! Yes it is related. only recieved 20 % since August of 1997 didnt have this website for research Thank the Lord for You Guys...... Awarded post operative ddd of the lumbar spine in 1997....Im on SSD for my condition.... Whats amazing the Award letter from the VA was remanded back because the surgical notes were missing from the folder in 2000...Thank the lord i got my hands on those hand written surgical notes.. Berta its some much deception from that RO its ridiculous from what i see they were doing everything they could to keep that L/5 S/1 out of the equation....I filed for an increase in 2004 was denined in 2007. read over the denial letter I thought Va is suppose to consider all medical records from the VA hospital i had Mri done there, they said i summitted records from 2002 but that wasnt of concern in this case which showed post operative changes to the L/5 S/1.....Never done research until now didnt know what spinal stenosis was DDD of the spine, spondoloysis of the spine so much more to write and why i was in so much pain.... but keep going to the VA hospital and was keeped blind.My case is currently in the development phase for 17 months now was moving fine but after i entered the information about the doctors finding of the Mri it stopped espically the L/5 S/1 info he even wrote due to previous surgery at that area loss of disc space is present Just wanted to make sure i was on the right track contacted a lawyer waiting for a replay ..... Thank you so much

[Berta]

.".Im on SSD for my condition"

If you receive SSDI solely for SC conditions (or what could become eventual SC conditions-this is excellent evidence (the SSDI info) for applying for TDIU.

We have a TDIU forum here. TDIU is compensation paid at the 100% rate for SC disability (ies) that prevent a vet from substantial and gainful employment.

The VA form number is 21-8940.

Under # 18 check yes and then under # 25 Remarks, tellthem oj additional page that you receive SSDI for your SC condition.

Tell them the side affects of any SC meds you take that hinder employment (such as dont take and drive, causes confusion, drowsiness, etc.

Make sure you name, Aaddress and C file number is on anything you send to them and get a proof of mailing from the Post Office (I always use Priority mail with a tracking slip and then I print off the on line tracking receipt to show VA did receive the information I sent.

They like to lose, or misplace stuff or say the vet never sent it to them.

[ytheydothis]

Berta do i need to summitt in on a 21-8940? ........... Thanks for the info... I already asked for it on a 21-4138 it reads as follows : please understand that my erectile dysfunction and loss of bladder control (incontinence) is claimed as Secondary conditions to my back. Im also claiming bilateral sciatica and bilateral radioculopathy secondary too my lower back....

As I m receiving Social Security Disability for my condition (lower Back). I request i be given Individual Unemployable by the Veterans Administration my award letter is attached...I would like to open a claim for depression secondary to my back condition with related symptoms. And tender Scar lower back.

Evidence: 13 pg Social Security Administration Adwards letter

and sent it certified with signed returned receipt they got me in the past not anymore........

[Berta]

One another thought-

FTCA lawyers want to make money via their fee.

They assess how much disability the FTCA case is worth -what I mean is it often takes a strong IMO to succeed in either FTCA or Sec1151 or both-

Perhaps this additional disability due to the surgery has rendered you unemployable for the rest of your life.

That would involve a higher FTCA award then a disability that is ratable for VA purposes but might only add up to a slight additional impairment that would not garner a large VA settlement offer.

Of course if a vet is malpracticed on by VA to the point of causing their death -this garners high amounts of awards.

In MANY cases Section 1151 claims are a far better way to go. That is all explained in the FTCA forum.

The TDIU form is here at hadit (Form 21-8940)

"Berta do i need to summitt in on a 21-8940?"

The VA might be triggered to send you the form based on your 4138 but I would not count on that.

The EED for an award of TDIU is the date the VA received the formal TDIU form.

ANyone with SSDI award solely for the same condition that TDIU is awarded for can often get one additional year of retro TDIU.

That also is explained here at hadit.

By NOT sending them the TDIU form- any vet who eventually establishes TDIU comp, is loosing the 100% rate of comp for every month that VA does not have the TDIU form.

I couldnt see any attachment.

There is plenty of advice here as to how to prepare the TDIU form in our TDIU forum.