Ms Becky Cross

[airforcevet2]

VA denied my 1151 claim based on comp and pen nurse's medical opinion - claim involved treatment for infectious disease and nurse at comp and pen lists place of employment as a dermatology clinic.  She disputed what my infectious disease specialist stated (who is a VA chief of staff) and gave all the weight in judgement to the nurse.

Any way to fight this other than getting an independent medical opinion?

Thank you.

 

 

[Richard1954]

Normally the VA raters would place more credence in a Specialist and a chief of staff than a mere Nurse practitioner ...so there must be some question as the the medical opinion of the specialist. Most of the time the va will give the benefit of doubt to the veteran when there exist two different medical opinions, so again there must be something in the medical opinion of the specialist that is questionable.  Also, since this is an 1151 claim.... it makes it imperative that you prove that a VA doctor committed malpractice. I know from personal experience how the VA and it lawyers will do everything to discredit an 1151 claimant. In my case I received damage to my left eye because of the malpractice of a VA doctor. My lawsuit when nowhere , but in the end  I won the  1151 claim.    Ironically,  if your already rated 100% as I am, winning  an 1151 claim means nothing in terms of  additional compensation, so it my case it is still a loss no matter how high the actual rating is.

I personally think the only way to overcome a denial is to get an independent medical opinion, but before you do you need to understand the reason for the denial.  You should  first look at the rating decision and fully understand the reason for denial before you can precede effectively.   It may be that you agree with the reasoning for denial in which case you would not appeal the decision.  Of course, by your question it seems you are bewildered by the denial. Again it all goes back to what the NP stated and why her opinion held more weight than the Specialist , Chief of staff.  

It may be wise to contact a Veterans Service officer from one of the Veteran organizations and have them look at the decision before you start an appeal.  A  Lawyer might be a better place to turn  if this is really a complicated denial , but unless you really understand the reason for denial your not going to be able to appeal effectively. 

You could copy your denial,  delete any personal information and then post it on the forum so that  myself and others could see the actual denial and render a better opinion.   

Edited November 16, 2019 by Richard1954
removed repeated word