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meds for non-service connected condition causes disability?

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GBArmy

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I assume that if the VA prescribes meds for a s-c disability and those meds end up causing new additional disabilities, they are responsible for the new disability.  But is the VA also responsible for a new disability if they prescribe meds for a non-service- connected but treated medical issue over a long period of time and the veteran develops a new "disability"? Example , the veteran is prescribed b/p meds for non s-c hypertension, but the meds, over time, cause a new problem that has a diagnostic code and you can link the 2. What do you think? 

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  • HadIt.com Elder

If you file a 1151 and win, is the compensation a 100%  P&T to the veteran for that disability, or is it a separate lump sum settlement from the disability? Just curious.

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"If you file a 1151 and win, is the compensation a 100%  P&T to the veteran for that disability"

The 1151 compensation is rated by the evidence and is often combined with a SC rating.

, "or is it a separate lump sum settlement from the disability? "Just curious.

Lump sum settlements come from the US Treasury Dept due to a  FTCA settlement agreement with the OGC.

These are two different issues- although a vet or their survivor can file both.

We have a wealth of FTCA and 115 info in our FTCA and 1151 forums here.There is also an offset factor.

 
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On 5/28/2019 at 3:52 PM, GBArmy said:

xample , the veteran is prescribed b/p meds for non s-c hypertension, but the meds, over time, cause a new problem that has a diagnostic code and you can link the 2. What do you think? 

A claim based on a secondary issue caused by  medication given for a non-service connected condition would result in a denial. 

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On 5/29/2019 at 12:15 PM, GBArmy said:

If you file a 1151 and win, is the compensation a 100%  P&T to the veteran for that disability, or is it a separate lump sum settlement from the disability? Just curious.

I doubt very seriously that an 1151 claim could be won in the case of medication for a non-service connected condition,.. but if it is .... you would receive a rating based on the severity of the condition just like any other claim..

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I disagree with some of the replies here.My past post in this thread shows why.

38 USC 1151 states:

"A veteran who suffers disability resulting from hospital care or medical or surgical treatment provided by a VA employee or in a VA facility is entitled to compensation for the additional disability “in the same manner as if such additional disability... were service-connected” if the additional disability was not the result of willful misconduct and was proximately caused by “carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of [VA] in furnishing” that treatment or “an event not reasonably foreseeable.” 38 U.S.C. § 1151(a)(1)(A), (B); 38 C.F.R. § 3.361(a)-(d); Viegas v. Shinseki, 705 F.3d 1374, 1377-78 (Fed. Cir. 2013). The purpose of the statute is to award benefits to those veterans who were disabled as a result of VA treatment or vocational rehabilitation. 38 U.S.C. § 1151(a)."

It does not limit 1151 to service connected disabilities.

Richard said:

"A claim based on a secondary issue caused by  medication given for a non-service connected condition would result in a denial. "

The VA aggressively fights 1151 claims and denies many, if not most, right off the bat ,but granted 1151 to me, as a posthumous award, due to medication errors for a NSC condition, that contributed to my husband's death .

When I discovered the VA had failed to diagnose and treat my husband's heart disease, those posthumous awards were for a NSC condition (IHD) . In 2010 I filed for direct SC for the same condition, due to Nehmer  which was awarded in 2012.

We have considerably info in our FTCA 1151 forum on these types of claims. I have been posting that info here for decades.

I won FTCA for wrongful death and 1151 as well, and turned two 1151 awards into direct SC death awards.

Presently I have a claim in for AO HBP ( based on the recent NAS findings- and some recent BVA decisions  already granted HBP to AO due to the NAS report that I posted here some time ago)) that will change the 1151 HBP award I have.

My husband was medicated for a NSC disability  that I proved he didn't even have, and the medication for that disability was contraindicated by the NSC HBP meds the VA gave him.

When VA awards for the HBP as due to AO ( and they will), it will change my entitlement date to Chapter 35 ( again) and will leave very little for VA to resolve on my issues at that point.

Richard is correct in stating that VA would determine the level of 1151 disability, and pay compensation " as if" service connected.

 

 

 

 

 

 

Edited by Berta
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