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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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richard palmer

lost one leg, negligence

Question

I filled a 1151 claim , April 15, 2016,  I lost my leg last year, do to negligence from the VA Doctors, what should I expect, and what should I do ? I lost my leg a year ago.

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I'm not too knowledgeable about 1151 claims, but many of our members are.

Was it due to incompetence, surgery gone wrong, MRSA? You don't have to go deeply into specifics, but it could help to generically know how it happened.

 

Welcome to Hadit!

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1 hour ago, Vync said:

I'm not too knowledgeable about 1151 claims, but many of our members are.

Was it due to incompetence, surgery gone wrong, MRSA? You don't have to go deeply into specifics, but it could help to generically know how it happened.

 

Welcome to Hadit!

It, was incompetence, by the VA doctors, they did not diagnose my leg condition, in VA SYSTEM , it turned out I had PVD, and it was to late to save my leg. I had been going to VA about my leg problem, since 2011. Another hospital Diagnose the problem, BUT IT WAS TO LATE

 

 

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You need to get your records and get another doc to back you up. You may have  a tort claim as well as a 1151 claim.

 

 

 

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how can I find another doctor, when I have been dealing whit the VA all along ?  and I am on medicare' . I need help.  please advise, and I am  on retirement. at the age 67. I feel I have done wrong by the VA system.   HELP

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You might well need another doctor, who in turn might be able to private a strong IMO/IME on the malpractice.

As Jbasser said, you might still be with the FTCA 2 year limit.

I filed both ways and won FTCA and also a few 1151 separate claims.

I have posted in our FTCA/1151 forums here all I know about these issues.

They both require the same criteria:

1.Documented medical proof in the VA med recs of malpractice/negligence, and

2.Documented proof of a resulting disability (in your case loss of your leg) directly due to the VA medical errors.

VA fights these claims aggressively and although FTCA/1151 claims can be filed and succeed even without IMOs (as my FTCA case did) I do NOT recommend doing them that way and contacting a lawyer is the best bet for FTCA. You will also need a strong IME for this.

VA malpractice has a paper trail. In my husband's case an additional VAMC tried to cover up the medical errors from the local VAMC. They could have gotten away with it if I had not studied those med recs, acronyms and decifered handwritten  entirees...it took quite a bit of time. and a lot of medical study on my part..but then again

once I filed the SF 95 and re opened my husband's 1151 claim, and got the medical records from VA ,I knew by then they had committed malpractice and I just had to shape my argument with specific medical records, and other pieces of probative evidence.

For another 1151 issue I had, years later I obtained 3 IMOs and Dr Bash found my dead  husband also had PN and PAD...undiagnosed and untreated by VA. I am familiar with PAD and I think you mean Peripheral vascular disease...by PVD....?

You need to get a copy of ALL of your VA medical records. Dont tell them this is for a 1151 issue.

They will require a thorough assessment by a non VA doctor.

If you are still within the 2 year tort period you can also file FTCA.

The 2 year statute of Limits usually runs from the day you were aware they had committed malpractice.

I felt I had a strong case 3 weeks after my husband died so that is when I filed the SF 95 ( for FTCA cases) Best however to have a lawyer do that.

Vet reps and VSOs are able to help with 1151 claims, that is- they can file them but they cant help with FTCA at all. 

Those claims rest on the criteria above.

My FTCA and 1151 cases involved ": omission of acts", as yours will...

Those cases must prove that the VA care was not comparable " to the standard and usual medical community"...I stated that point on my SF 95, because  real non VA doctors would Not have omitted critical steps they should have taken in my husband's care.

2 Cardio doctors at VA agreed with me, after reading my evidence .It took a little over 2 yearFTCA and then many more months for the 1151 award. My RO refiused to read my settlement papers with the USA..

I called OGC-VA and then GC called them and then the award was in the mail.

Please dont do this yourself ,however you file, unless you have a legal and medical background too.

There are many Lawyers listed here at hadit as well as many IMO doctors are mentioned too.

It sounds to me like you need a vascular specialist.

 

 

 

 

 

 

 

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