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MRRRR5

1151 Claim Inquiry

Question

Berta/Hadit Team,

I'm considering an 1151 as I didn't know I could do one if I settled a FTCA with the VA regional counsel and looking for some advice on whether I should or not based on the below.

Some background; the VA settled and FTCA I filed due to negligence from the dentist that caused me to lose my tooth; he kept giving me antibiotic meds (AM) for a recurring infection even after my private dentist said over the same 4 month period that I needed a root canal or I will definitely loose the tooth; VA dentist basically didn't agree because he kept putting me on the AM.

Private dentists wrote a letter explaining what he had advised on two separate occasions that I used in the FTCA when I submitted my SF 95.

In the end, I loss the tooth due to the infection not being properly treated, settled the FTCA, and got the VA to put in a dental implant that took over 2 years to complete.

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The VA ,if a vet files both 1151 and FTCA, and is successful with the FTCA outcome,

will offset the FTCA settlement against the 1151 award, assuming the 1151 disability is a ratable condition.

If a claimant however, is successful under FTCA (and therefore under 1151) and is able to prove to the VA that the 1151 disability should be a direct SC disability, the VA is not supposed to offset the FTCA award, or if they did, they must refund it,when they make the direct SC award.

Unfortunately I am the only claimant I know of who did that.

I have never found a similar documented case but I am sure there might be some.

VA didn't want to refund my FTCA offset but after I called the RO and the OGC (I got the same OGC lawyer who handled my offset) , one of their top legal honchos called my VARO and ordered them to pay me.

I had sent the RO the exact regulations on all that but they didnt seem to want to read the regs .

The OGC however knew exactly what the RO was supposed to do.

FTCA/1151 can have a snowball effect.

Although the 1151 award I got was trumped ,since then, by two separate SC death awards I got , I won a CUE on a 1151 SMC error last year and the VA, after 20 years ,rated and paid for my deceased husband's 1151 stroke. (I cued the award letter....they forgot to send some of the proper retro.)

So I have that current 1151 CUE issue pending and I also have a current 1151 claim claim pending.on another issue.

I also have basis for an additional 1151 I have not filed yet.

My point here is,to anyone with a 1151 disability......when VA is negligent ,their negligence can sometimes involve a lot more than the initial charges filed.

Even if a vet is 100% already, and with SMC as well, 1151 compensation can be paid separately , in addition to other SC compensation,although sometimes it is claimed,instead, as a secondary disability to a established SC (but I sure think maintaining it as 1151 is a better monetary way to go).

If you have a ratable additional disability not covered by the FTCA award (you can get the VA's medical reports from the Office of General Counsel regarding your FTCA case) *

and that disability is directly due to the FTCA malpractice, you can file 1151 (no time limit on 1151 at all) for additional disability directly due to the 1151 /FTCA matter

and get a strong IMO to support that claim and to also help the VA properly rate the additional disability's disabling level.

* I could not get copies of those VA Central medical reports until I settled with the US of A.

I was horrified when I read them.

Those same VA reports, I have used since, for my subsequent 1151 claims, along with additional medical evidence.

.

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Hey MRRR5,

By any chance was the VA dentist at the Birmingham AL VAMC? I had a similar thing happen about 10 years ago, but went outside the VA to a private endodentist who identified/treated the infection and did the root canal. It would have be quite a coincidence if we had the same dentist.

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Berta, thanks for the information.

Vync, this dentist was at the Tuskegee/Montgomery VAMC, however, he sent me to Birmingham to get the root canal but the dentist their flatly refused as he stated it would be "malpractice" for him to do it as the tooth at that time was a loss and had to come out; so I went to B-ham VAMC to get my tooth pulled; then after the FTCA settlement, I was sent to Atlanta VA hospital for the implant as I refused to let Tuskegee/Montgomery do anything else to my mouth.

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Good for you........

for FTCAing them.

I am a FTCA/1151er myself.

When you mentioned this was a problem with a VA dentist, I recalled that ,as part of my subsequent direct SC claim, (after the FTCA 1151 claims), I used a VA dental record notation in my husband's VA medical records, to prove he had undiagnosed and untreated DMII from AO.and it contributed to his untimely death.

Of course I had more evidence then that single entry, but the dental notation sure co-oborated the rest of my evidence.

When a vet believes any part of their VA health care seems wrong,and has caused them additional disability, and they feel they can back that up with the actual med recs, and an opinion from a real doctor, they need to take action.

I didnt have an IMO or a lawyer for my FTCA case.

But I sure got a real doctor for an IMO for my DMII case.

Sometimes malpractice has a snow ball affect and that can,in time, even become fatal.

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