1151 claim

[cattin]

I am compensated 10% for residuals of botched surgery (ing hernia) 1995. it recurred had surgery (2012) resulting in additional complications,was in hospital  24 days,applied for benefits was denied twice currently at remand at ro for a year. any suggestions? thanks

[cattin]

they did issue soc for the cue (denied)  but not for what bva ordered.

[Berta]

“The appellant is a veteran who served on active duty from

April 1973 to September 1976.”

 

Are these your actual remands?

 

Did you serve in Thailand and/or Vietnam?

 

That info might help the DMII claim.

 

As far as the 1151 issues go……

 

 Are you still represented by either the VWF or the PVA…

 

if these are your remands?

 

The recent remand was expedited…still I think you should go to www.va.gov, then click on Contact Us, then click on Ask a Question and ask for a status on the remand, that has been pending for a year.

 

Ask for an email reply instead of phone call, so you have documentation of the status.

 

 

I am a successful Section 1151er.

 

I provided VA with extensive documented medical evidence for those claims to succeed.

 

There must be a documented and proven nexus between any claimed 1151 issue,between  documented proof of negligence/malpractice and a ratable disability that directly results from it.

 

For example. My husband collapsed at the VAMC he worked at and they rushed him over to the ER.

 

The diagnosis was sinus infection.He had other physical problems soon after that and missed work because he was so dizzy he could not stand up or drive.

 

Long story no evidence of any heart disease until he suddenly died.

 

The med recs revealed the “sinus infection” was an incorrect diagnosis and he in fact (I proved) had a heart attack that day that caused his collapse, with progressive addition brain trauma due to TIAs, because the IHD had never been diagnosed or treated…. Yet his medical records(EKGs the same day he went to the ER)revealed heart disease and inferior wall akinesis.

 

My 1151 award letters stated “multiple deviations from a usual standard of care” just as the FTCA settlement info revealed.

 

Many years later I realized he also had been malpracticed on for AO DMII.I filed , not under 1151, although it was a 1151 issue but I had a good reason to file ,instead, under direct SC death and obtained 3 IMOs to support that claim.

 

My long point here is, with so many 1151 issues in your claim, I feel you will definitely need strong independent medical opinions to succeed on those issues….if they are,in fact, your remands.

VA fights 1151 claims aggressively.

 

 

Others here hopefully will read the BVA cases above and will opine,too.

 

 

 

 

 

 

 

 

 

 

 

[Berta]

one other point.........have you and/or the VA obtained your service SRB ( Personnel Records) to see when and where you were in Thailand?

The BVA seemed to suggest that your SMRs revealed you were in Thailand.

 

That is what might be holding this up.Because you claimed AO exposure and the DMII could be due to that exposure.

[cattin]

berta,as I have stated before you must have me as someone else.  I am a ww2 vet. thanks.

[Berta]

I am So sorry...that is what I kept getting at the BVA with the Docket number you posted here.