Is 1151 the same as DIC Under 38 U.S.C. 1151

[Guest Pdiddy]

Berta,

Is 1151 the same as DIC Under 38 U.S.C. 1151 ?  (that acronym needs to be changed-is means death is coming in medical terms)

May sound like a silly question but I have found semantics is everything when it comes to a claim.

Edited October 25, 2016 by Pdiddy
typo

[Berta]

The Primary and any secondary contributing cause of death.....on the death certificate...can you tell us the exact medical words they used.

If an autopsy was done do you have a copy of it?

[Guest Pdiddy]

On ‎10‎/‎26‎/‎2016 at 9:03 AM, Berta said:

The Primary and any secondary contributing cause of death.....on the death certificate...can you tell us the exact medical words they used.

If an autopsy was done do you have a copy of it?

I just saw this.  Yes, I know, you don't have t say it.

I requested an autopsy and have a copy, along with most of the medical records from that day.

They have ARDS first, then  Massive transfusion,then liver transplantation

Yes, he had a PH, it was a facial wound, that they only gave him 10% for when he left the army, and yes the PH was his rep and his claim was still open.  He filed a NOD in Sept and Oct he died. 

I do have an independent medial opinion that agree with my assessment.  Unfortunately, to sue for malp you must have an expert witness from an are that is x miles away from the facility. I forget the exact wording but basically, you can't sue because no doc will do that if they want to keep practicing. 

Edited November 28, 2016 by Pdiddy
added info

[Berta]

"I do have an independent medial opinion that agree with my assessment."

You mean you have an IMO that gives a full rationale that this was malpractice...?

That might be  all you need for any 1151 claim at this point...what are the qualifications of the IMO doctor?

"Unfortunately, to sue for malp you must have an expert witness from an are that is x miles away from the facility." I forget the exact wording but basically, you can't sue because no doc will do that if they want to keep practicing. 

I think there is confusion here as to filing a FTCA wrongful death claim and also a 1151 claim.-I filed FTCA and had no witnesses x miles away ---I dont know what that means.

If you are still within the FTCA Statute of limits, on the SF 95 form it does say to list witnesses but  that is usually when a Gov truck hits a pedestrian etc etc..and they sue,under FTCA.

I put under Witnesses on my FTCA SF 95 form  , a list of all the VA doctors who had malpracticed on my husband. That is not what the Witness area on the SF 95 is for,.....but I did that anyhow because onbe VAMC tried to cover up the negligence from the other VAMC. Thus they were in fact "witnesses".

We have considerable info here on both FTCA and also on 1151 claims.

I assume the denial was very recent…. You need to send to them a copy of the IMO and ask for a reconsideration, and to amend the claim to request DIC under Section 1151, 38 USC.

I would use a 21-4138 form (d0wnloadable here at hadit) and put Attention To and then the Initials that appear in the alphanumeric code to the upper right hand side of the denial.

Tell them you are amending the DIC claim to include DIC under 38 USC, Section 1151 And have enclosed a copy of an Independent medical opinion to support that.

The ARDS certainly was part of the overall state he was in prior to his death. I hope the IMO included how that was the immediate cause on the death certificate. 

I am not a doctor but ARDS would be a complication and result of the extensive bleeding.I hope the IMO doctor explained them to them.