Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    142%
    $2,133.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • 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

  • 0

1151 and/or FTCA advice


Question

  • HadIt.com Elder

I am putting this link here:

https://community.hadit.com/topic/74381-filing-a-claim-for-a-heart-attack-due-to-nsaids/page/6/#comment-466477

so that I don't have to repeat the advice again-

If anyone vet or survivor of a veteran, feels the VA malpracticed on the veteran, they need to obtain an IME, if the vet is alive, or an IMO if the vet has expired.

They will need to give the IMO/IME doctor ( who should be a specialist in the prime and/or secondary cause of death, on the death certificate) the complete VA medical records of the veteran and copy of  autopsy findings if an autopsy was done.

 

  • Like 1
Link to post
Share on other sites
  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

I am putting this link here: https://community.hadit.com/topic/74381-filing-a-claim-for-a-heart-attack-due-to-nsaids/page/6/#comment-466477 so that I don't have to repeat the advice again-

"What kind of dollar amount should I enter into the form?" Ask for Millions-I did. Make sure you fill out the Personal damage as the total amount-a well in 12 b and 12 D https://www.va.

I just caught this question. In my case a VACO cardiologist, regarding my FTCA case, made a clear medical determination that the sudafed , prscribed for my husband for 3 x a day for 6 years,had c

Recommended Posts

  • 0
  • HadIt.com Elder
Posted (edited)

"What kind of dollar amount should I enter into the form?"

Ask for Millions-I did.

Make sure you fill out the Personal damage as the total amount-a well in 12 b and 12 D

https://www.va.gov/OGC/docs/SF-95.pdf

The Witness section is usually for accidentclaims, like if a VA bus hit you on VA property.

I however filled it put ( needed additional page) for every VA doctor who either malpracticed on my husband or committed a cover up of that malpractice, when he was sent from Bath NY VAMC tto Syracuse VAMC

You said" the VA finally granted SC for the heart attack caused by side effects of sumatriptan to treat SC migraines. "

Was that granted as secondary under 1151?

If so  the susequent problems you have had would be the basis for FTCA or an aditional 1151 claim.

I filed at least 4 separate 1151 claims on my husband's death in addition to the FTCA case.One put him into posthumpus the SMC criteria.

You said:"Those might be due to side effects of all the additional heart meds. "

I assume you mean additional meds that were not considered in the award letter?

I had to prove to the OGC that the VA not only failed to properly diagnose and treat my husband's 1141/FTCA disabilities and one med they gave him was contraindicated by another VA med they gave him, and thus this medication contributed to his death.

It pays to do a search of every additional heart med they gave you, use good web sites, to see what other meds might have contraindicated others, and what meds were causing you more disabling affects.

You said: "Even after the heart attack, the VA continued to prescribe the same med even though it was contraindicated, placing me at even greater risk. "

Because the VA diagnosed my husband;s first attack attack -as a sinus infection- they continued to prescribe to him Sudafed 3 times a day (contrainicated by his HBP med - wrong  dose)until his fatal heart attack 6 years later, that is how this medical error alone contributed to his death.

I found an X ray of his sinuses in his med recs and his sinuses were clear- he did not have a sinus problem.

You said "My non-VA neuro doc wrote me a more likely than not nexus. She said she would not expect a cardiologist to fully understand the risks associated with this med and she tied it all together. "

Even after the heart attack, the VA continued to prescribe the same med even though it was contraindicated, placing me at even greater risk. My non-VA neuro doc wrote me a more likely than not nexus. She said she would not expect a cardiologist to fully understand the risks associated with this med and she tied it all together. "

sorry for doubles- wind hitting my dish

She gave VA a way out-in my opinion- a VA Cardiologist SHOULD KNOW what medications are contraindicatedby others.

Everything I know about FTCA is in our FTCA forum here-

and one thing is imperative to consider-

you must prove that the VA doctors ( make sure they all work for the VA as those QTC,LHI,VES "doctos" are exempt from FTCA) did not diagnose ,medicate, and treat you with the same ability that the standard medical community would have diagnosed ,treated, and medicated you.

"8. BASIS OF CLAIM (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary)."from the SF 95

Make sure you give this a lot of thought and do not leave anything out.

I used the same #8 basis for my initial 1151 wrongful death claim.

When I FTCAed the VA, there were no malpractice doctors on the internet in those days and certainly no way to find an IMO/IME doctor.Twenty or more NY lawyers I called or met with said I could never succeed in my claim.

So I did all of the medical and legal work myself and won.

However I do not advise anyone doing that, these days, unless they have a LOT of free time to do medical research, carefully assess every single medical record they have, to include their medication history records and have some sort of a legal and medical background.

As I mentioned before-althugh I won the malpractice claims, my daughter insisted, when she was in the Military) that dad could have had diabetes mellitus which she knew was an AO presumptive.

I finally did what she asked and went through the entire medical records again-seeking any evidence at all that the VA ,missed diabetes mellitus-never diagnosed or treated by VA at all.

Again I spent time research and learning Endocrinology and filed the claim, not as 1151 but as direct SC death. I had 3 IMos ,doctors who agreed with me based on his med recs, and my lay medical assessment of those VA records , and I won.

 

 

 

 

Edited by Berta
wind storm
  • Thanks 1
Link to post
Share on other sites

  • 0
  • HadIt.com Elder
Posted (edited)

Thanks @Berta

Berta,
No, it was just secondary SC, not 1151 (I did not think it was possible to get SC and 1151). I did get SMC-S for the three months I was out of work.

The award letter was focused just on SC. There was no consideration taken regarding any additional side effects of the new meds I had to begin taking since the heart attack.

Ironically, back in the late 1990s, the VA did precribe sudafed 360 count a couple of times. I am SC for allergic rhinitis so I have been on antihistamines since not long after entering the Army in 1990.

The med was also renewed by my primary care doc (VA employee at the time), so it was not solely prescribed by just the VA neuro clinic's (university residents).

I talked to a couple of the big VA law firms I have seen here and nobody was interested. They said they handle appeals, not FTCA (even though one said they handled it on their web site).

Update after digging through my VA records

Could this be considered negligence?
The initial prescription was in 2014 by my VAMC primary care doc (not a neurologist). The next week, I sent a secure message requesting a second opinion from cardiology because the doc had mentioned concern about it raising my blood pressure. A NP responded stating "If Dr. XXXXX ordered the medication for you headache it should be find to take it." The cardiology review never happened.

The script was also renewed/refilled later by a different VAMC primary care doc. It was also prescribed numerous times by other VAMC neurology residents (students/contractors).

 

Edited by Vync
New information found
Link to post
Share on other sites
  • 0
  • HadIt.com Elder
Posted (edited)

I just caught this question.

In my case a VACO cardiologist, regarding my FTCA case, made a clear medical determination that the sudafed , prscribed for my husband for 3 x a day for 6 years,had completely contraindicated the HBP med he was on, which also was a dosage far too low.

I found a sinus X ray in his med recs that revealed his sinuses to be clear.

He never had a sinus infection that caused his collapse on the job (at VA).

The ER certificate ( once I could decifer the acronyms, etc,) and an EKG had been done right away ,revealed he had a heart attack , not a sinus infection.

I had produced evidence from the Physicians Desk Reference, and from other medical sources

(highly limited info in those days) to charge VA, with other charges on his other disabilities)

that this prescription for Sudafed had contributed to his death. The VACO Cardio doctor supported all of my charges with the evidence I had sent to the VA.

I also had written to the US drug administration to find out how many deaths Sudafed had caused or contributed to, over the past years It was probably a FOIA letter.

After the FTCA was settled, I got a response and a 3 1/2 floppy from USA Drug Administration that revealed numerous meds to include Sudafed, etc that had caused or contributed to the death of Americans- bu I did not need that as evidence anymore.

In 2003 I reopened my claim, and the internet we have now ,helped me to support that claim very well with evidence, and I also got 3 IMOs.***

Undiagnosed and untreated DMII from AO, filed as a direct SC death.I won.

*** I carefully prepared a lay medical assessment of my husband's VA med recs,and enclosed it with the Medical records and the fee.

Dr Bash had already emailed me back, after I sent him a brief email, that it was a good case. 

As a Neuro Radiologist, he was able to fully interpret the MRI, autopsy, etc etc and also stated to VA he had examined the medical record of " thousands" of diabetics, and gave a full medical rationale for his IMOs.He also found 2 more 1151 disabilities I have never claimed.

The negligence was so bad that VA could not rate the DMII or give any EED.

That's OK- It opened the door for far more ancillary benefits for me and best of all it gave me, and my daughter Peace with Honor, and it also gave my beloved husband Peace with Honor too.

I have stated this here before-it bears repeating-the reason my husband did not get adequate VA health care, I found in the VA Physicians Guideline , M21 dated 1988- the same year my husband died.

If you are a SC vet who works for the VA make sure you are treated, NOT as an employee, but as a disabled SC veterans.

VA doctors will give an employee a 3 day chit slip to be off work for three days-and no further treatment, for the emergency, if they have an ER emergency while employed at the VA.

Maybe it has changed by now ????

This involves non veteran VA employees as well. A VA doctor told a non vet woman, who had slipped on a piece of pie that fell from the food cart, that she had a slight sprain from it.

Three days latter she could not even walk to her car to return to work an someone took her to a real doctor. She had broken her ankle.

Her lawyer filed SF 95 and they compensated her with a settlement from the USA, rather quickly.

BTW- that is who the tort involves- OGC signs off a settlement agreement for th USA  that is actually because the Tort is against the USA.

I did not want to file the DMII claim but my daughter.still in the Military, insisted , and maybe a year or more I decided to file the claim- and was started to find evidence of DMII hidden in th med recs.

I wont be here much for the next many months-she is still  insisting I write a book about this.

As she said the VA wrote most of it anyhow because of the outrageous SOCs etc I got over everyone of my claims. Much Documented VA correspondence with be in the bookto include the ER certificate of 1988.

"Death by VA"

The names of the doctor and VAMCs involved. will be changed-

to protect the Guilty.

My bill that passed in the Senate ( S 221) might well protect future veterans from negligent VA health care or from an early demise,solely due to that  'health' care

 

 

 

 

 

 

 

 

Edited by Berta
in cloud, poor access
  • Thanks 1
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines