1151 claims along with FTCA

[broncovet]

We had a question on 1151 claims, and I found this template.  Apparently, if you file it, it goes into your cfile, not your medical file.  This, unless its changed, is important to some "in case" they dont want ALL doctors working on you know you filed an 1151.  Some may not like it.  

Here are some hadit links:

Also, this FTCA win:

 

[brokensoldier244th]

Still goes to C-file, but we are required to contact the VAMC where it is claimed to have occurred and request all records available from registration to present. The request goes to a specific place, on a specific form, though, so it's not logged in your VAMC medical notes because it's treated as a benefits claim. We request CAPRI (VAMC) records daily and while I'm sure those requests are logged somewhere because we are audited for security, they aren't part of your Capri notes.

[Vync]

@brokensoldier244th Do you know if the FTCA-related records might also be stored in the C-file?

I asked the OGC attorney how they came to their conclusion. They provide the request and records to three different doctors for review. Two agreed with me so they found in my favor. I asked if I could get a copy of those records, but they said they could not do that and could not explain why. I'm just curious where those records might have been stored.

[brokensoldier244th]

LIke, the specific case file? That likely belongs to the legal side, they would provide the finding narrative or whatever, and that would probably be in your C file. I've not seen more than 5-6 1151 claims in the time that I have been with VA- they don't come to us very often except to request the records from the VAMCs, after that they go somewhere else to get finalized. I've not seen a completed (good or bad) 1151 claim. Part of that is once I request the records, or mark them as received, it goes to Rating, and then whatever they do with it after.

[broncovet]

Thank you broken soldier for the update.  I have never filed an 1151/FTCA so its good to know.  Even tho I had to have 2 revision surgeries to my hernia, I still have not decided whether or not to file an 1151.  

For me, there are still unanswered questions, and VA seems to keep those answers under wrap:

1.  Are 1151 benefits (aka ratings) "in addition to" an already 100 percent P and T Vet?  

2.  While I would expect a big fight from VA (this happens no matter what claim I flle), I can look up "win percentages" in the BVA Chairmans report, but dont know about 1151 percentages of wins by Vets.  

     For me, Im uninterested in doing "lots and lots" of paperwork, that has little chance in netting any extra benefits.  Instead, after about 20 years of fighting VA, Im pretty much "just doin" the claims with a higher chance of success, and lower risks.  (Its a huge risk to me to fight VA 5 years or more and not see anything out of it.). Its my opinion, with regular claims (and smc s) you have a great chance of winning beneifits as long as you are persistent enough to see it through, AND you dont have many real bad CLAIM habits such as skipping C and P exams, or being unwilling to pay for a much needed IMO.  

[Rattler]

13 hours ago, broncovet said:

 

     For me, Im uninterested in doing "lots and lots" of paperwork, that has little chance in netting any extra benefits.  Instead, after about 20 years of fighting VA, Im pretty much "just doin" the claims with a higher chance of success, and lower risks.  (Its a huge risk to me to fight VA 5 years or more and not see anything out of it.). Its my opinion, with regular claims (and smc s) you have a great chance of winning beneifits as long as you are persistent enough to see it through, AND you dont have many real bad CLAIM habits such as skipping C and P exams, or being unwilling to pay for a much needed IMO.  

I am with you on that one broncovet.

[Lemuel]

Especially when 100% P&T, I would file an extra-schedular request for such SMC as the Director, compensation services may direct on an 1151.  No idea if it will work, but from my understanding of 1151, it should work.