ntowns6702

[ntowns6702]

Can I put in a claim for a medical issue that is a result of a VA performed surgical procedure?

 

[Buck52]

https://www.va.gov/disability/eligibility/special-claims/temporary-increase-after-surgery-or-cast/

Check the link above.

[broncovet]

Yes.  If the VA injured you, by all means do so.  Its called an 1151 claim.  There is much on this.  

[Berta]

Yes, we have a wealth of info on Section 1151 claims in our 1151 and FTCA forum.

 

They require two specific types of evidence:

 

1. documented medical proof of VA negligence/malpractice and

2. documented proof of a resulting ratable disability, directly due to the VA negligence/malpractice

However, it is best to check , FIRST, the doctor,nurse, etc's standing with the VA. You need to make sure they are actually a VA employee and were not hired by some contracting firm.

I am involved, outside of this board,with a major malpractice issue with the VA- that can save lives. Because-

the VA hides it's true malpractice statistics, and has alleviated much of their culpability by hiring contractors to diagnose and treat veterans- meaning -if one of these contractors harms or kills a veteran, the only recourse is a lawsuit in a civil court. There would be no basis for 1151 or FTCA. ( The Tally case available here under a search is a good example of that.) 

I am a successful 1151er and we have had a few others here over the years.

We also have a vet here, whose original 1151 claim I wrote here for him to use, and I also gave him evidence he could use- I have no idea what the outcome was-necrotising pancreatitis due to ERCP procedure.His VA doctor even agreed with my theory , that the botched ERPC caused him an additional disability.

 

I searched the BVA for a similar claim to give you an example of what VA is looking for- they fight 1151 claims aggressively, if they can:

 

“Entitlement to compensation under 38 U.S.C.A. § 1151 for 
diabetes mellitus is granted.

Entitlement to compensation under 38 U.S.C.A. § 1151 for 
hypercholesterolemia, hypokalemia, diverticulosis, 
hypothyroidism, and depression is denied.”
(The diabetes mellitus , by strong medical evidence, was found to have been aggravated  by the pancreatitis she suffered ,due to the ERCP procedure done by the VA.)
The claim was remanded to see if medical evidence proves that other disabilities the veteran incurred since the ERPC, are due to the ERCP.
https://www.va.gov/vetapp04/files2/0411586.txt

I found all of the medical evidence I needed to support my 1151 claim,in my husband's VA medical records.

It was a wrongful death claim, awarded under 1151 ,because I had already won FTCA for wrongful death.

I had no independent medical opinion or lawyer to help me-but I do Not advise most 1151 claims to be prepared without the benefit of an IMO/IME....and if denied . without a lawyer.

I had to study cardio, neurology, acronyms and decifer handwritten entries in his VA medical files, none of this was easy and was Very time consuming, and the VA tried to fight back but they lost.

I do not advise anyne to handle a 1151 or FTCA issue themselves unless they want to practically become a doctor  and a lawyer.

My case  was years before the internet is what it is today-the best weapon we have to prepare successful VA claims.

If we know what the basis of your claim is, we can help more.

 

 

 

Edited March 1, 2019 by Berta
added more