Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Adding More To 1151 Topics


Berta

Question

Some Section 1151, 38 USC situations here seem obvious and worthy of filing a valid 1151 claim.

But then again, within the confines of the internet and what we post or read here, we really do not have all of the facts ...facts that might not indicate malpractice occured at all..

For example..there was a lot to the Viegas V Shinseki case:
http://www.plainsite.org/dockets/sk6n3453/court-of-appeals-for-the-federal-circuit/viegas-v-shinseki/

The case had to be appealed to the Federal Circuit and finally Viegas got a positive result.

Other cases do not fall into the actual 1151 criteria at all:

https://www.law.cornell.edu/uscode/text/38/1151
and more info here:
http://www.purpleheart.org/ServiceProgram/Training2013/10-M--1151%20Claims-Maria.pdf

The Viegas Fed Circuit decision is mentioned by the BVA in many 1151 decisions made after the Viegas 2013 decision:
I was going to explain it here in detail but then again, the best advise of all for any 1151 issue, is to get an IMO from an expert in the field of the disability they believe they were malpracticed on, and then if the claim is denied, get a veteran's lawyer.

Someone the other day told me a story that seemed definitely 1151 to them.....even to me, until I asked a few more questions and then it did not sound like malpractice at all.
But I am not a doctor and told this vet to join us here.

https://www.law.cornell.edu/cfr/text/38/3.358
This also contains more 1151 information and the additional disability must be documented and solely due to the malpractice.

You can certainly file ,pursue and win 1151 claims without IMOs.

But those successes are few and far between. Often the main problem with attempting to do that is how you can prove ,as a lay person, that there is no other etiology, but for the VA malpractice, that would be acceptable lay medical evidence to the VA.

The VA will try to find any etiology at all to go against a lay medical opinion.,that could have considerable medical merit.


  • Like 2
Link to comment
Share on other sites

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

{terms] and Guidelines