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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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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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  • Most Common VA Disabilities Claimed for Compensation:   

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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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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veteran

1151 claim or service connected in need of help

Question

       am trying to prepare a 1151 claim for my father in 2011 he underwent a C3 to C5 laminectomy with C3 to C6 fusion for cervical stenosis starting in 2013 we notice he was slightly forwardly bent over, and difficulty walking as well as difficulty standing up right. 2015 he was diagnosis with KYPHOSIS and walks with the aid of a rolling walker  limited mobility he sign an informed consent. and the VA is not at fault. and the conditions stated are mention in the consent form, today he is severely   forwardly bent over, difficulty standing up right, with limited mobility walking with aid of a rolling walker. how can I argue a winning chance . 

       the service connected option was my father was a telephone installer / repairer in the army 1952 to 1954 he had fell twice on his back from climbing poles. from a height lesser then 6 feet in the military. however his records whwre burn in the 1973 fire. and his dd 214 has him listed as a heavy truck driver which route should I take  

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Section 1151 claims only involve proven negligence or malpractice by a VA health care provider, enough negligence or malpractice to cause additional disability rated at least at 10%.

   "the service connected option was my father was a telephone installer / repairer in the army 1952 to 1954 he had fell twice on his back from climbing poles. from a height lesser then 6 feet in the military. however his records whwre burn in the 1973 fire. and his dd 214 has him listed as a heavy truck driver which route should I take "

I feel you could certainly help him file a SC claim as I assume he has no service connected disability now-

The VA will often say the veteran's records were lost in the St Louis fire- but sometimes that is not true.

He can request his inservice medical records and personnel records at  :

https://www.archives.gov/

The site will have a blank SF 180 he can fill out. and, unless this has changed, he also will need to print off a bar coded thing, sign it, copy it for his records, and mail it to the address the form directs him too.

It is always possible that the VA 'burned in St Louis fire" stuff is BS.

He will need proof of an inservice nexus, such as the pole accidents to prove that he was injured in service this way and then he will need to prove that his current KYPHOSIS is directly due to a SC disability.

This will not be easy because kyphosis can have many causes.

https://www.va.gov/vetapp13/files3/1321099.txt

This shows how the VA can deny these claims.

Here is a successful claim.

"Subsequently, in November 2014, a Decision Review Officer (DRO) granted service connection for Scheuermann's kyphosis of dorsolumbar spine, effective April 29, 2014. The Veteran appealed for an earlier effective date. It appears the DRO set the effective date based on receipt of the evidence found sufficient to reopen the claim. Presumably this was considered the date entitlement arose under the regulation. However, regardless of when that evidence was received, it is considered submitted in conjunction with the reopened claim of February 4, 2011. 38 C.F.R. § 3.156(a). As the low back disability has been extant for many years, it is the receipt of the reopened claim which is the later here, and therefore an earlier effective date of service connection of February 4, 2011, is warranted. As is noted above, the Veteran has filed a claim for CUE in the earliest 1988 and 1990 denials of service connection for his low back disability. Those claims are referred to the RO, and are not intertwined with the Board’s determination here. Bilateral Hearing Loss Disability, and Tinnitus "

https://www.va.gov/vetapp18/files12/18157484.txt

But the best thing you can do is to have him get his inservice records and if they cannot be found and they were in the Fire, the VA has an enhanced duty to assist him. Still kyphosis can have many causes- spinal injuries being one of them and I feel he is going to need an IMO/IME at some point.

You might have to prove the stenosis was due to the falls, which in turn caused the kyphosis.

Did the VA do the surgery?

 

Edited by Berta

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Ms berta

even though ''he sign an informed consent.''

would this hinder the claim in anyway???

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I've notice this lately  they always ask  veterans to sign a informed consent.' 

for any surgical procedure   even ingrown toenails or tooth extraction.

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It all depends on the facts of the claim.

"ORDER Entitlement to compensation under 38 U.S.C.A. § 1151 for damage to the colon (to include perforation of the bowel, the need for surgical resection of the large intestine / hemicolectomy, and associated deconditioning / weight loss) is granted. Entitlement to compensation under 38 U.S.C.A. § 1151 for respiratory disability (recurrent pneumonia/empyema, the need for ventilator tracheostomy, and severe respiratory compromise with neuromuscular debilitation) is granted."


The veterans was inadequately informed of the consent and the results of the procedure were not reasonably foreseeable.

“As the Board concludes that the Veteran has shown that the procedure was furnished without the adequate informed consent contemplated by 38 C.F.R. § 3.361(d)(1)(ii) and 38 C.F.R. § 17.32(c), the Board must accordingly conclude that the fourth element of a successful § 1151 claim, i.e., whether the treatment provided by VA involved fault by VA or an event not reasonably foreseeable, is reasonably established in this case on the basis of the lack of adequate informed consent. See 38 C.F.R. § 3.361(d)(1)(ii).”

https://www.va.gov/vetapp16/files4/1626596.txt

I imagine all vets would consent to any VA or private doctor's procedure or surgery-but none of them would expect results that are definitely malpractice.

In the member's case here, this will be a difficult claim to prove service connection for- and only his stack of VA medical records would reveal if malpractice did occur.

This case is one of many- veteran do consent to procedures and surgeries and yet the VA can still be held liable for Negligence/malpractice:

https://www.usatoday.com/story/news/2017/10/11/va-conceals-shoddy-care-and-health-workers-mistakes/739852001/

 

 

 

 

 



 

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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