Claims confusion

[Lfox]

Do I need to file for increases and secondary conditions on two different claims? I could not find any areas to go about this on the ebennifits questionnaire 
 

backround: had a stroke during a VA spinal surgery. I have several secondaries due to the stroke. 

[brokensoldier244th]

No. Just say which ones are secondary

[Lfox]

Thank you for the input, I never dealt filing for the stroke. I was having a surgery for a service connected issue on my spine, I had a stroke during the surgery due to a blood clot. Mentioning that, how do I file for secondary issues due to the stroke. Seeing as is the stroke isn’t service connected. But happen because of a bad surgery that was trying to fix my spine from the VA.

[GBArmy]

Lfox You need to have an eval by a board certified neurologist. Quite possibly you have memory losses now and other residuals that they will determine. Look at diagnostic codes 9305 for vascular neurocognitive disorder and possibly transient ischemic attack/stroke, dc8008. So you file stroke from the surgery for your primary s-c disability, and residuals, to include, but not limited to mental health conditions. It depends on what your doc finds as symptoms.

[Berta]

I agree-this sound like a basis for a Section 1151 claim.

It is not always easy to get an IMO/IME to reveal if malpractice/negligence occurred but this sounds like an unforeseen event.

Or you can file for this as secondary to the SC. Or file both ways.

I won a Section 1151 stroke claim for my husband, who died with the stroke, and multiple transcrient attacks (mini strokes)as contributing to his death from a major heart attack ( the heart disease was never properly diagnosed or treated by the VA. He had filed the 1151 in his lifetime and I assumed the claim after he died.

But this all depends on medical evidence, in your case and any independent neuro you get will need  your VA medical records, in order to determine if there is a secondary or 1151 basis.

The stroke rating the VA gave my husband was 100% P & T under 1151.

The regulations and criteria for 1151 claims are here in our 1151 FTCA forums.

 

[Berta]

To add the criteria for Section 1151 claims is here:

https://www.law.cornell.edu/uscode/text/38/1151

 

[Buck52]

  Just read this yesterday.

Did you know the Department of Veterans Affairs (VA) officials will have to provide basic legal advice to veterans who file medical malpractice claims?  Also, VA officials are mandated to provide information on local staffing issues as part of new legislation signed into law.

SOURCE : VAntage point