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  • 14 Questions about VA Disability Compensation Benefits Claims

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

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Question

is a 1151 claim a sound approach for an illegal medical records access by a va executive into a veteran's records who is also a va employee? Or is ftca a better approach? 

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1151 claim is for medical negligence or mistakes.

 

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Jbasser is correct.

If you are employed at the VA and also get your medical care there ,make sure they are treating you as a veteran and not as an employee.

That was a factor in my FTCA case. It is all in our FTCA/1151 forum here.

How do you know a VA executive accessed your records?

I assume you are a VA employee. Have you filed any EEOC charges against them?

Have you applied within VA for a different position?

Why do you feel they would need to access your records?

 

Edited by Berta

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I requested a sensitive patient access report (spar) which identifies who and when your medical record is accessed. In my circumstance, it showed the executive who was the selecting official for a position I interviewed for accessed my records during the employment process. I did file eeoc but the aj believed the agency vs objective evidence. It's in the appeal stage.

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I certainly know that many PTSD vets have been 'stigmatized" about their SC disability of PTSD in employment issues..

The VA tried to use that against my husband in a hiring fiasco.( I raised hell, the Director met with us,, the personnel director was canned and the attempt did not work, They hired him immediately.) He was at that time 30% SC for PTSD.

Then the electric company hired him after he filed multiple complaints against them under the VEVRA.

I filed a FOIA with DOL and got the entire file they had on his complaints. The file contained absolute proof they had discriminated against him solely due to PTSD, when they had a brief lay off and then he was first to be recalled ( with satisfactory performance appraisals, but they recalled a vet , non disabled, with less experience on the job experience than he had..)

The day after the ADA EEOC became law I sat on the local Post Office steps waiting for it to open so I could file the first EEOC here in NY.

( I had prepared 17 complaints against this electric company for him already and DOL said no discrimination had been found.)

A few months later the  ADA EEOC lawyer called me to tell me he had won and we discussed the evidence I had gathered. The lawyer said it had to be the very first ADA case that won so far in  NY. and was the first one filed in NY and that the DOL should have definitely sanctioned them for blatant discrimination.( all the work I had done for 2 years on those DOL complaints was evidence for the EEOC ADA complaint.)

But we don't know what your stigmatized disability was.

Or whether this is a job with an employer who has to honor the ADA EEOC.

No enough info.

 

 

 

 

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