Would Like To Know If I Have A Claim Against The Va

[garion]

Hello all,

I would like some advice about my situation. I went to the VA hospital in 2003 to have my Gallbladder removed. I had the surgery done and was told and it's stated in my medical records that my Gallbladder along with stones was removed and sent off to Pathology. 6 months after operation I returned to the VA hospital complaining about the same symptoms I had before the gallbladder was removed. I was told it was gastritis and sent home with meds.

Over the years I was experiencing constant stomach issues and was always in the emergency room or hospital. Each time I told the doctors that my gallbladder was already removed by the VA hospital. I went through numerous test and exams with no solutions.

Finally, after years of suffering, emergency room visits, being admitted to the hospital, and tubs stuck down my throat, my Gastro doctor finally ordered an MRI and PT scan on my stomach. He also had ordered a G tube be put in my stomach so he can go in and do surgery on my pancreas because that's the only thing he could think of that could be causing my pain. The MRI scan showed something that looked like an gallbladder with stones. But he wasn't sure so he ordered a Hida scan be done. The hida scan didn't show enough so my surgeon said the only way to find out whats going on is to go inside.

I went into surgery on 25 Sept 2012 and the surgeon finds my gallbladder with stones. The surgeon also find 6 metalic metal clips inside the gallbladder he state was left inside by the previous surgeon. He states it look like a section of the gallbladder was removed. The gallbladder ducts was blocks so bad that the hida scan ink couldn't get inside. My surgeon said he can't figure out why someone would remove a section of the gallbladder and not removed the entire gallbladder... And then leave metal clips inside the gallbladder... Not attached to the gallbladder but inside of the gallbladder...

I have all my medical records from the VA hospital saying the gallbladder was removed. I also have my medical records from my recent doctor saying he removed the gallbladder with stones and metal clips.

What do you guys think of this? Have you heard of a case like mine?

[garion]

Berta,

How long did it take for your FTCA and 1151 claims to come through? When I called VA, they said an 1151 claim will take 10 months. How do I file a 1151 claim? Did you file your 1151 claim yourself or through the American Legion or some other Veteran organization?

Thanks for your help.

[Berta]

My husband had filed a Section 1151 claim 6 months before he died.

He had an additional claim pending as well, for higher PTSD rating.

VA had not made a decision in his lifetime on these claims.,so I reopened them in my name with the DAV as POA.

My FTCA case took about 2 years and the 1151 took about 3 years.

In those days survivors could not be substituted as the claimant so this is one reason these claims took so long. There were other reasons too . The regional counsel, and the peer review doctor retired suddenly. I traced them both down and they insisted the RO had the Peer review report but the RO told me it had never existed. I did find it however. New peer reviews had to be done by the VA and that took time.

“When I called VA, they said an 1151 claim will take 10 months “

I am surprised at that statistic.VA usually doesnt state a time frame.

I recently filed a new 1151 claim.

It was a very short claim and I listed the evidence and enclosed it.

I don't expect it to take 10 months at all. It should only take a few hours.

But then again the backlog is overwhelming.It could take 3 years.

I learned plenty from my last 1151 experience.

My medical evidence for my recent claim ,came from the FTCA medical evidence obtained by then General Counsel and I thought my recent Nehmer claim would have awarded for this additional disability under 1151, due to their favorable 100% 1151 award-in January -but it didn't.

“Did you file your 1151 claim yourself or through the American Legion or some other Veteran organization? “

After dropping the DAV, I have done all my claims work myself. I have had multiple issues and only one claim was denied because it was granted on a different basis anyhow. The DAV NSO gave me bad advise, and when I rattled off the regulation he had misinterpreted, he changed his advice but did nothing to help me.

The AL is well trained in this type of claims action. They probably had the same training I had from NVLSP.

You might need an independent medical opinion to help determined the rate of disability that their malpractice had caused and how long you suffered from additional disability . It seems that a private hospital mitigated future disabilty problems from the VA malpractice but that is something a doctor could determine. And something the AL or any rep could advise you on.

I noticed that most of the 1151 info here has to be searched for under the hadit search feature and isn't in this forum.

Edited December 3, 2012 by Berta

[garion]

To All,

First I would like the thank Berta and everyone else for your help... Thanks very much!

I wanted everyone to know that you can file your Section 1151 claim online at www.va.gov... Then go to eBenefits and file your claim online using the form 21-4138 like Berta mentioned. It also allows you to attach medical evidence to your claim online. Also, you will be able to see step by step the progression of your claim. You don't need to worry about medical evidence or records being lost in the mail.

I still sent the VA a hardcopy of my medical records but they also have my electronic copy as well that they can't claim to not have received.

Electronically filing your claim help the process along a little faster. If anyone have any questions about electronically filing with the VA, please feel free to ask and I will do my best to answer your questions to the best of my ability.

Thanks

[garion]

Berta,

The 10 months is now standard VA decision time passed by congress recently because so many Veterans was complaining about the wait time for disability. Now, the VA have 10 months to respond to claims unless more evidence is required. But most veterans must get a decision in 10 months or less.

[carlie]

To All,

I wanted everyone to know that you can file your Section 1151 claim online at www.va.gov... Then go to eBenefits and file your claim online using the form 21-4138 like Berta mentioned. It also allows you to attach medical evidence to your claim online.

Also, you will be able to see step by step the progression of your claim. You don't need to worry about medical evidence or records being lost in the mail.

Just don't count on the bolded above, to be accurate or up to date.

JMHO

[carlie]

Berta,

The 10 months is now standard VA decision time passed by congress recently because so many Veterans was complaining about the wait time for disability.

Now, the VA have 10 months to respond to claims unless more evidence is required. But most veterans must get a decision in 10 months or less.

Respond to claim can be a canned generated letter stating,

We have received your claim . . .

We are working on your claim received on XX/XX/XXXX . . .

I do not see anywhere in the cards where most veterans WILL ACTUALLY get

'a decision in 10 months or less'.

This is more kool-aid and I just can't drink it.

There's lots of kool-aid going around.

JMHO