1151 Claim

[jackdays]

DOES THE VA SCHEDULES C&P FOR 1151 CLAIMS

[Berta]

Yes they do.

But In very few cases ,will a VA doctor support a 1151 claim during a C & P exam.

I had a C & P doc who denied my 1151 twice. They awarded because VA Central docs agreed with my FTCA contentions (that were the same as in my 1151 claim.

These were posthumous C & P exams , as the veteran was decased due to malpractice so they depended on the same medical evidence at the VARO level that won the claim at the OGC level.

I highly recommend anyone filing under 1151, to obtain an IMO. (Independent Medical Opinion) unless it is a 1151 claim based on side affects of a VA prescribed med that has obviously caused an additional ratable disability .

Often those claims could succeed however as secondary claims.

NSAIDS ,prescribed by VA, for example, have been found to cause and/or aggravate GERD.to a ratable level ... that is a good example of what I mean, and those claims most often are supported by a VA doctor doing a C & P, because this is a well known medical fact in the standard medical community.

[jackdays]

THANK YOU BERTA FOR RESPONSE.

MY 1151 CLAIM IS DUE TO NSAIDS. I HAVE CKD STAGE FOUR. STARTED IN 2009, THEY STOPPED THE USE OF NSAIDS IN 2011 @ THAT TIME MY GFR AND CREATINE STABLIZED. I DONT HAVE HYPERTION OR DIABITTIS. I WAS GOING TO THE VA FOR NON SERVICE CONECTED BACK PAIN.

HOW CAN THIS PHRASE BE USED IN THIS TYPE OF CLAIM

"Omission" of an act.

Edited July 6, 2013 by jackdays

[Berta]

Yow....

Sounds like 1151 to me! Definitely!

http://www.ncbi.nlm.nih.gov/pubmed/17349452

There is plenty more info on the net regarding CKD and NSAIDS

"STARTED IN 2009, THEY STOPPED THE USE OF NSAIDS IN 2011"

Although the GFR and creatine stablilised you were still left with additional disability. CKD (Chronic Kidney Disease)

They should have acted more aggressively to monitor their prescribed NSAIDs usage.

It was an "omission" of common sense and , in my opinion, omission of proper treatment and care.

Have you formally filed this claim yet?

If so can you scan and attach the claim here? (cover the personal identifying stuff)

"CKD STAGE FOUR. STARTED IN 2009, THEY STOPPED THE USE OF NSAIDS IN 2011"

"I WAS GOING TO THE VA FOR NON SERVICE CONECTED BACK PAIN."

This is an outrage to me.....

In mere seconds I found this blog that shows,in 2010 ,that NSAIDS were being associated with causing renal disease:

http://renalfellow.blogspot.com/2010/07/can-nsaids-cause-ckd.html

It seems to be a blog from a doctor.. and this:

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3185478/

(a great medical info site) and it has citations to the abstract going back many many years.

It isn't like the VA didnt know this stuff about NSAIDS.

Also:

. “The Veteran has chronic renal insufficiency that is as likely as not caused or aggravated by long-term NSAID analgesic treatment for a service-connected back disability. “

“Entitlement to service connection for a kidney disability, diagnosed a chronic renal insufficiency, as secondary to medications taken for the service-connected back disability, is granted. “

Source :http://www.index.va.gov/search/va/view.jspFV=http://www.va.gov/vetapp13/Files2/1313949.txt

In this case the veterah claimed secondary and he could have claimed under 1151 as well, but VA would have awarded as secondary instead, I am sure.

It does not matter if the VA is negligent with any NSC condition.

The proper care a veteran should expect is for any NSC or SC disabilities.

The VARO sure tried to squeeze out of this on and they failed at the BVA level.

If you go to the main VA web site, www.va.gov, and then to the index at the bottom of the main page, then to the BVA Board of Veterans Appeals and then to their Search feature and put in the search filed NSAIDS CKD, other cases will pop up....if I have time lsater I will try to find a specifric one filed under 1151.

Also under the hadit search filed some past discussions on this same topic should pop up as we discussed the NSAIDS problem years ago regarding GERD.

[jackdays]

i submitted a claim 07-2012 to waco farmed out to NE 6-24-2013. waiting on c&p, but do not know if its for 1151 or for pension/a&a.

dont know what happened as soon as i got the biopsey on the 09-01-2011 my pcp called me and stopped the use of nsaids. week later i was diagnosed with mac infection on my lungs. had been feeling sick for a long time, was recommened to see a mental health for major deprresion becuase i coulded deal with ckd problem. i was a healthy man with my own remodling co, know i just sit at home becuase i dont have the energy or will to do anything. the results of the 1151 claim is for a peace of mind. i know my chance are not great, but if they can just tell me why al myl health problem aroused, i am good with that. thanks berta for an ear.

[Berta]

"was recommened to see a mental health for major depression becuase i coulded deal with ckd problem"

If VA SCs the CKD as due to the NSAIDS,under 1151, then you could file a claim for depression as secondary to the SC CKD,caused by the NSAIDS.

Medical negligence often has a snowball affect. One misdiagnosis ,or omission of acts of proper treatment, even if minor, can end up causing a veteran additional future serious and even life

threatening further problems.

"i dont have the energy or will to do anything. the results of the 1151 claim is for a peace of mind. "

My husband filed under 38 ,USC 1151, 6 months before he died. He was quite sick but died very unexpectedly

Hours before that he had asked me to promise 2 things...( he was pissed off after getting a status of the 1151 and his TDIU claim from the 800#. There was no status at all.)

if VA killed him, he wanted me to promise to help his brother and sister veterans get through the VA comp system

and then promise I would go after them for all I could, to rectify his death.

Of course I said "Oh 'Honey, the VA isnt going to kill anybody'......and I was already trying to help vets in the electronic pre internet vets community.

The 1151 award letter I got is horrible to read . The FTCA reports were chilling.

However there was great piec of mind when I finally found out what really caused his death....not only VA, but a few years ago I proved direct SC death due to AO IHD.

VA caused the death of a PTSD combat vet with AO IHD and DMII.........all misdiagnosed.

My husband was right in his 1151 claim. I continued it after he died. and there is peace of mind knowing he was right in everything he stated in his 1151 claim.That situation hopefully has helped others,due to the experience it gave to me on these types of claims.

If you haven't filed the 1151 claim yet, I would sure add the depression as an addiitional disability due to the CKD from the VA prescribed NSAIDS.