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1151 Claim


cattin

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hi; my question; I am sc 10% (1151) for residuals of hernia surgery, nerve entrapment, 1995. had ongoing treatments for residual then in 2012 had bilateral hernia surgery (right recurrent). I developed ileus was sent to va ER. Had procedure with neostigmine to correct condition but had myoclonic seizure during procedure that led to 26 day hospital stay. filed for additional disabilites resulting from seizure,was denied stated that as hernia didn't occur in military (hernia) temp 100% and contentions I filed denied. is it because of the diagnose of residual of original hernia or does residual goes to original hernia repair (ing)? I have refiled last year,they sent me 2 letters saying evidence never received. went to my vso (vfw) and it showed on his screen that evidence had indeed been sent???

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You just might want to hire a lawyer. The VA seems intent on busting your &^%$$. When the VA starts to lie they just can't stop and create a situation where you are fighting straw men they create forever. Did previous decisions become final?

John

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thanks john. yes decision was final,but as I wrote reopened with new evidence last year. I wouldn't consider lawyer unless it would go to appeal. I hope not I will be 87 next month.

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Residuals, that are directly attributed medically ,as due to a Section 1151 disability, and at a ratable level should be claimed under Section 1151.and/or as a secondary condition.

It is hard to determine here exactly how the residulas should be claimed.

VA fights 1151s so this will take an Independent medical opinion, and the format for that is in our IMO forum here.

l"ast year,they sent me 2 letters saying evidence never received. went to my vso (vfw) and it showed on his screen that evidence had indeed been sent??? "

If the residual claim, is successful ,your VSO should help you recover a better EED with a CUE claim.

It sounds like a violation of 38 CFR, 4.6.

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