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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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htway750

Disability due to VA negligence

Question

I had a right knee Arthroscopy Surgery on my right knee in 1997 and ended up with Stapf Infection about a month later. I was admitted to the Veterans Hospital in Denver, Co. and spent 6 weeks in the nursing home there on antibiotics. They had to operate on my knee while I was there to clean out the infection from staff. After I was discharged I found out what staff infection was and filed a Form 95 against the VA for Malpractice. In 2001 I received a settlement from the Veterans Administration for the sum of $40,000.00. I have heard that you can file a Form 1151 for non-service disability due to VA negligence. I am wondering if I can still file that, and what will I need. I don't have any of the original paperwork. What can I do? The VA had to do a total knee in 2003 because of the staph infection, and then a revision of the total knee in 2004. Both operations failed, and now I can only bend my knee at 90 degrees. Any help or suggestions would be appreciated. Because of this, now my right knee is giving me problems and is making getting around difficult. 

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Hopefully, Berta will chime in here, she is our resident expert on 1151's.  The short answer is you need to obtain your records.  Write or go to the VAMC(s) where this negligence was performed, and request your medical records.  See what is documented, then proceed.  

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The FTCA was for your right knee- so you have basis to file under 1151 for the left knee-

As Buck said you need a copy of all of your VA  medical records-dont use FOIA- there is a simple form here under a search , as well as at the VAMC's Records Access office. Dont mention FTCA or 1151- that is when the MF shows up ( Mysterious force who removes evidence from VA files)I know the MF well.

Also you need to send a letter to the Regional, District or General Counsel VA who signed off on the settlement  and ask them for any Peer Review reports and any other medical reports regarding your settlement with USA.

I got this stuff without using FOIA as I recall , by contacting the OGC lawyer who dealt with me.I had no lawyer.

However if you had a lawyer they might have this info already- maybe not-

If your evidence reveals additional malpractice to the left knee as well as the right knee, beyond what the FTCA was for-you will need proof of that. I assume you will definily need an IMO/IME as well. from a real doctor, with expertise in the field of this disability,who can prepare the IMO/IME using the criteria for that in our IMO forum here.

 

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 "and any other medical reports regarding your settlement with USA."

What I mean is this- within months of getting my SF 95 the RC wanted to settle with me.He said he had received a Peer Review report whereby the doctor (cardiologist) supported all of my charges.I had laid out my medical evidence concisely and had studied cardiology.

and this Peer doctor had gone over all of the record.

Then the RC, the doctor, and the Peer review report disappeared.I had to start all over again with the OGC istead of the Regional COunsel.

The VA OGC got a review done by a Top VA cardiologist....from VA Central. The cardio VACO doc agreed with my charges,.and soon I negotiated the settlement with OGC.Wrongful death of my husband.

6 years later I ordered my C file, when I filed a new direct SC death claim and the Peer Report wih VA had told me "never existed" was at the bottom of my  file. I used it as evidence for my AO DMII death claim.

I suggest you  order a copy of your C file as well from your RO.

Can you work with these disabilities?

Do you get SSDI ? If so what is it for?

 

 

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How do I go in and ask for records from 1979? Aren't they going to be a little bit suspicious of just from my Federal Tort Claim just wanting files from those dates? Also, how do I get any records from the VA counsel regarding my settlement  I didn't have a lawyer to file for me, I filed myself and won. I can't prove my left knee is because of what happened to my right knee. I need someone who knows what they are doing to help me get these files. I have had some important files disappear for no reason at all. Know of any good Veteran representatives that could get me these files? DAV wants you to be a member, which I will not be, and the VFW, well they have been somewhat worthless in the past, I was getting Social Security Disability for depression until I turned 65, then they turned it into retirement benefits. I am kind of left out here in nowhere. I did request some of my records from the VA in Denver, Co, but never got them. Kinda stuck if you know what I mean. I really think the VA has blackballed me for filing the malpractice suite on them.

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For medical records, you go to the VAMC "release of information" office and request them.  My VAMC will print out a few pages right there, but if its over about 25 pages, they mail them to me.  Ask at your VAMC where this office is.  

For your cfile, you request those records from VA, and expect that to take a year or more, sometimes.  

When you hire an attorney or VSO, if they have your POA, and have jumped through all the hoops, they can sometimes see your records online.  

VA does not permit Vets to do this, only VSO's and attorneys who have jumped through the hoops get access.  I dont like it either.  My solution is to save every letter and piece of paper I get from VA and store it electronically (on the cloud, not on my hard drive only, as it will eventually crash.)  

I know we depend on VA to store all our records, but the best way is to take charge of those yourself and not depend on our opponent at law to watch over our records.  

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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