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A Few Good People Still In Va

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I will try and be short. A friend who I help file some claims for upper back ,lower back ,hearing,

and tinnitus and he gets call in for a C&P's. HE is a retired vet with 23 years the examiner find a

lot of injuries that look old. He has been getting treatment while in service and with VA Atlanta with

profiles for all while in service. They never told him anything was wrong with him while being treated

in Atl nor could the examiner find any records. This examiner finds his records and also finds a claim

that's been setting there since 2005 nothing been done ""but a claim was file"" anyway VA call Cue and

awarded 40% back until 2005 when it was file. The claim that we just file raise his total to 80%. He hearing

in right ear that has a cyst that is pushing against the brain that may need surgery with kemo treatment.

He has two question I cant answer can he file 1151 claim if VA knew this and didn't tell him???(hearing}

How will this effect his retirement????. Anybody who know

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If he got his injuries due to combat related factors then it should help him. As far as the cyst if the VA doctor or VA hospital knew he had a cyst pushing against his brain or should have known that would be malpractice. I think 1151 claims are for when VA care causes a disability to get worse or results in a new injury. For instance, to cure a hernia they cause damage to one of your internal organs that might be a 1151 or a malpractice claim. You have to prove all this of course. If you got for an ear exam and the doctor misses that you have hearing loss due to some tumor about blow up in your brain then that is malpractice IMO.


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Thank you for helping this veteran.!

""but a claim was file"" anyway VA call Cue and

awarded 40% back until 2005 when it was file. The claim that we just file raise his total to 80%"

That is GREAT!

"He hearing

in right ear that has a cyst that is pushing against the brain that may need surgery with kemo treatment.

He has two question I cant answer can he file 1151 claim if VA knew this and didn't tell him???(hearing}

How will this effect his retirement????. Anybody who know"

John is absolutely Correct.

1151 claims need

1. Proof of negligence and

2. proof of additional disability taed at least at 10% directly due to the malpractice.

"surgery with Chemo" ??????????? why chemo????

The husband I had years prior to my USMC husband was an Army vet with a brain tumor.

A tumor is not a cyst and it was consider benign (meaning in those days not cancerous)

It started to affect everything about him mentally and physically but the surgeon never suggested chemotherapy at all.

I am very concerned that they think he 'might' need surgery and also chemotherapy....

By "they" do you mean the VA or does he have private doctors?

My USMC husband's VA "doctor" told him he needed "brain surgery" because she misread an MRI. I got the doctors on the phone she had just spoken too at a different VA and they read me the MRI results and I immediately knew it was not a surgical problem.

They had been treating him for an inner ear problem as an in patient, but it was actually a major stroke.No ear problem at all.

I strongly suggest that with some of the retro he got, that he consider getting a second opinion from a Real Neuro doctor as well as an IMO.

Dr Bash is a NeuroRadiologist and therefore has far more expertise than the VA in interpreting MRIs and CT scans, X rays etc.

He did 2 excellent IMOs for me and has helped many others here.

I assume he gets either CRDP or CRSC as well as VA comp..

A Section 1151 rating could potentially boost his DFAS amount.

Whether his ear condition or the cyst is service connected or not, if his 1151 claim succeeds, they pay this " as if " service connected compensation.

Has he applied for TDIU?

Do you know the medical term for the cyst?

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just to add:

We have lots of 1151 info here in the FTCA and 1151 forums.

Also, what was it that triggered the VA to find the cyst?

Had it caused other documented problems, like headaches,memory problems, balance problems,

pain, etc prior to being diagnosed?

Had VA done past MRIs, CTs or X rays of his head ( possibly due to the hearing problem,) that revealed this cyst long before they told him about it?

Did he present documented symptoms of the affect of the cyst to a point that they should have ruled this in or out long ago?

I am not a doctor but found this article that states:

"When a cyst is associated with an

underlying tumor, the tumor is usually obvious because CT or MRI scan shows a nodule or lump

adjoining the cyst. Certain benign tumors


including hemangioblastomas, pilocytic

astrocytomas, and gangliogliomas



are commonly associated with cysts and are usually

treated with surgery. Malignant tumors may also be associated with cysts; these tumors may

require radiation and/or chemotherapy in addition to surgery when feasible"


The fact that VA mentioned possible chemo therapy tells me this might be more serious then they know (or want to tell the veteran.)

RUREADY, as you know IMOs are costly.....and they dont aways help some claims at all.....a IMO doctor only has the medical evidence to go by.

But even if they dont reveal maplpractice, they can give a vet or their survivor peace of mind,knowing the VA did give them proper care.

If he has a private Neuro treating him, the cost might not be too high at all, if they are willing to prepare an IMO, folowing the IMO criteria here at hadit.

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john999 & Bertha thanks a lot HE has been getting treatment at VA but he is the one that

never ask anything about whats going on and he says they never told him about a problem

Bertha all his treatment was with VA, he did not file for tdiu yet just waiting on the BBE to come

The cue didn't explain much as to why it was a cue just they find some errors. All this came into play

after the examiner finds his records. He says if VA would have treated him back then for hearing loss

he would be able to hear now. The chemo treatment I ask also did they think its cancerous?? just its a possibility

it could be that worries me hearing aides prescribe. The examiner says this has been there a long time it didn't

just started that's when the records were find and he was seeing VA doctors, keeping appointments. just never

asking questions

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