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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Buck52

what is 1151 used for?

Question

Is a 1151 used as a claim? or seen as a claim?

 If a veteran was injured by the VA Dr or VA Resident  from neglect care or improper care, can the veteran file a 1151 ? but not cause death   can the veteran sue the piss out of the VA for improper care and neglect health care  that cause the veteran more pain and anguish  or would he need to sue the Dr or Resident that caused this improper health care.???

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If the VA causes a veteran additional disability or death,they can file FTCA, and /or 1151.

I filed both.The VA caused my husband's death due to proven extensive malpractice.

There is a wealth of info here on both FTCA and 1151.

FTCA charges must be stated on a SF 95 and then sent to the district counsel or to the General Counsel in Wash DC. My wrongful death claim went to both entities.

1151 charges are a "claim" and must be filed with the Regional Office a veteran or their survivor ,claiming 1151 death , deals with. 

Both of these ( FTCA ) (1151) need solid proof of VA medical malpractice that has caused a proven ratable disability or caused the veteran's  death.

I have a bill before Congressman Roe -"The Rodney F. Simmons VA Malpractice Accountability Act."

Unfortunately the federal contractors, who are woking in the VAMCs,   but not For the VA, as their employer is QTC, LHI, or VES etc, have no liability under FTCA.

My Bill will change that. I just hope it gets before the H nd S Veterans Affairs Committees.

Another bill that derived from a WH Accountability Act investigation on my evidence, (OAWB) hs been produced with some senators supporting it , but they wrote it all wrong and I await some  input on how I corrected it.,-

S 221.(Senator Gardner ) 

 

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Thanks Ms Berta!!   your information and expertise  is  well appreciated.

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Posted (edited)

Forgot to answer one question you asked-

Yes the VA has paid out millions for malpractice. This shows only 3 large malpractice awards:

https://nationaltriallaw.com/va-lawyers-veterans-medical-malpractice/

There are many more that I have posted over the years in the FTCA forum.

But  your question was:

 "can the veteran sue the piss out of the VA for improper care and neglect health care  that cause the veteran more pain and anguish  or would he need to sue the Dr or Resident that caused this improper health care.???"

The veteran would have to have a far more valid  basis, in my opinion, then 'pain and anquish'.

After my FTCA case was awarded I settled with the USA. 

The FTCA is filed against the VA, but the settlement comes from the USA, signed by General Counsel , for the VA.

Edited by Berta
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