Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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 ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Sign in to follow this  

Is it something I'm missing regrding 1151 claim


I had a kidney cancer partial nephrectomy in 1994. The surgery left a incisional hernia that causes a lot of abdominal pain, and I''ve been taking narcotics pain meds since the surgery.

I've been denied a number of times for a 1151 claim for this.

I'm service connected for TB, asthma, copd, severe rhinitis considered unemployable in 2008.

My questions is what am I missing regarding fault of the VA of this issue?  I did not sign up for the pain post surgery complications for all these years.  Is there a certain language that addresses the law that governs 1151.

My appeal after 81/2 years is back at the Appeals Board.  We will see what happens this time when I get a statement of case.

Special note:  thanks to Berta for her service!!!!


Share this post

Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0

Thank you too Theo----

It is true that the type of abdominal surgery you had could cause a hernia.

But any ratable residual disabilities directly due to the hernia, can be rated under 1151 or, if the surgery was due to a service  condition, the residuals can be rated as secondary.

I assume you documented residuals- Did this surgery involve a mesh ?(I think it had to)

If it eroded it could be this type of residual problem:


Have you ever contacted any of these lawyers specializing in mesh problems?


Here are some BVA awards under 1151: 

(the hernia is a potential expected outcome. If the mesh implant has failed ,that is a Section 1151 basis)


This vet died and the widow is the claimant. It is different from your claim but it shows how the VA determines these cases.

VA had a strong opinion against the claim, but so did the widow so she won under Relative Equipoise.

The VA does not pay much for hernia / residuals of hernia....

and only your medical records will reveal (might reveal) what type of mesh they used. Some meshes were recalled because they were so bad.

I thought you had mentioned in a past post that your were exposed to AO in Vietnam and were claiming DMII and possibly one other AO disability.....???

I also thought maybe you were awarded by the VA for TDIU?

If so , an AO claim could put you into the SMC S criteria.....

Could you clarify ? I did find my posts as the the vet I tried to help with a severe infection due to abdominal surgery.He died after the claim went to the BVA. That was long ago and now I think the mesh they used was faulty.The news on faulty meshes came out years after he died.

Share this post

Link to post
Share on other sites


  • 0

I think you should focus on the diabetes claim.

With TDIU now, you would need to have a separate SC rating of 60% or more to attain any additional comp- such as SMC. Or if you feel the pain might be stemming from a surgical unanticipated event ( like the sponges the VA left in a vet recently) you would need a strong independent medical opinion to support that, and it would have to have caused a ratable condition ( ratable at least at 10%). 

For 1151s, not only does the negligence have to have caused a ratable condition, it also has to be proven.

As I well know, negligence and malpractice are documented events in VA medical records but only someone with a medical background can determine that, with a full readings of the med recs, charts, blood chem reports, acronyms, etc etc etc....and even with proof, the VA will still deny if they can.

The VA forced  me ,after my husband died with his 1151 claim pending, to get a medical background.I could not find any IMO doc or even a FTCA lawyer to help me....they all said I could never succeed. Piss on them.

So I did it all myself. and won FTCA/1151.  Nothing is impossible but I assure you doing that takes a LOT of work and time. There is considerable info in our FTCA 1151 forums on negligence.

VA saves lives every day. But they also have had some horrific malpractice cases. And they will fight these cases aggressively.

I dont see the potential for a ratable award. The types of  mesh caused many problems and lawsuits.

Edited by Berta

Share this post

Link to post
Share on other sites
  • 0

Hi Berta,

My claim has been in the pipeline since 2000, denied I believe three time so far. 

I've had outside of the system legal counsel up until I went back to the DAV just recently. 

Yes awarded TDIU in 2008 for TB / Asthma, and COPD, Allergic Rhinitis combined 70%.

Regarding the TB..  in 1969,  22 pills a day, shot of strepto everyday for 60 days in Valley Forge PA. Cavity right upper lobe.

Just like in 1969 with the night sweats, I've been activity for over 6 month doing the night sweats, and the VA is activity looking for TB that has setup shop somewhere in the body.  Not sure what the issue is.  Diabetes could be it as well. I'm now apart of the 70's generation, and always in the back of my head know the VA could pull the plug on my compensation.  Never take anything for granted.

Regarding AO in VN, we went there when it was without question were not suppose to be there. No records or photos as those were not allowed then.  So this is not productive.

Share this post

Link to post
Share on other sites
  • 0

Another note regarding TB.

They have not yet determined whether the TB is back, however I'm seeing a TB specialist have had a round of CT Scans to possibly locate it.
 I've tested positive on the antigen blood test.  I will always test positive for TB, and the presence of TB will be in my system always.

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 

Important Information

{terms] and Guidelines