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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Sec 1151 Claims

8 posts in this topic

Posted · Report post

Although there already is 1151 claim info here-I wanted to get a topic closer to the forefront as 1151 issues appear here from time and time and I recently referred someone to hadit for 1151 claims help.

Section 1151, 38 USC.

These claims rest on probative medical evidence that the VA has failed to properly diagnose and/or treat a disability to the extent that their negligence has caused an additional documented and ratable disability.( or death)

The full regulation is here:

http://www.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00001151----000-.html

“a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran’s willful misconduct and—

(1) the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department facility as defined in section 1701 (3)(A) of this title, and the proximate cause of the disability or death was—

(A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or

(B) an event not reasonably foreseeable; or

(2) the disability or death was proximately caused

(A) by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title, or

(B) by participation in a program (known as a “compensated work therapy program”) under section 1718 of this title.”

Most 1151 claims rest on (A) and (B)and (B) 2.

I always say that malpractice and negligence has a paper trial and if it has occurred due to VA health care ,evidence of it will be found in the veteran's VA medical records.

Or the omission of proper care will be evident in the medical records.

For example if the vet had a blood clotting disorder and VA could have controlled this with medication

but the clinical records show their omission of any proper drug control;and the vet dies during surgery directly due to his blood clotting disease for which proper medication was 'omitted', his/her survivors have a cause of FTCA action and/or Section 1151 claim.

These claims need thorough reviews of all available medical records.Not a single abbreviation or odd symbol can be overlooked .Anything crossed out should be suspected if the records seem to indicate improper care.

The veterans Drug med profile also is significant to these types of claims.

Was the med appropriate for the disability? Was it at an appropriate dosage?

Were side affects monitored?

If the med recs say W/U for something specific or indicate any follow up care was it done?

Does the treatment correspond with what any non VA doctor would have done?

How did the alleged negligence harm the veteran? (in other words what additional disability does the vet currently have (at a ratable level) that occurred solely due to alleged negligence?

VA fights Section 1151 claims aggressively.They will come up with anything at all to get out of paying the claim.

The VA has doctors who can provide a medical rationale which might make no common sense or medical sense at all and they also will not provide the VA doctor opining on the claims, sometimes, with all the evidence available.

If a veteran or widow/ widower of a vet feels the veteran has not received [proper medical care from the VA and thos has caused additional disabling problems or the veteran's death ,they should consider getting an IMO (Independent Medical Opinion)

These IMOs can be costly but can also often assure the veteran or their survivor that the VA did in fact give adequate and proper medical care.VA does save lives every day.

However,if the IMO agrees with the VA negligence and the additional disability (or death) it caused [then the veteran (or surviving spouse)possibly has a 2 year time frame to file a FTCA claim and/or a Section 1151 claim.This 2 year limit however is explained in more detail in the FTCA info here.VA first attacks the Jurisdiction and then the SOL (Statute of Limits) for FTCA claims and this is why

they should obtain a lawyer for any FTCA claim.A good malpractice lawyer would hesitate to turn down handling most FTCA claims if the IMO supports the malpractice with a very strong medical rationale.

There is offset consideration to consider under FTCA and Section 1151 claims. The offset matter is another reason to have an attorney if both 1151 claim and a FTCA claim is filed.

In 99% of them the settlement under FTCA is taken from the Section 1151 comp.(called the offset or recoupment)

If the veteran or widow can prove however that the malpracticed issue is also a directly service connectable one then there is no offset to any SC comp.

Example:

I agreed to an offset with OGC in 1997.Wrongful death FTCA case.

My DIC was recovered by the VA month after month for many many years.I had received a settlement under FTCA so they VA could not pay me twice for the same claim basis.

I reopened and proved direct SC death.

The VA had to refund the offset amount to me.

It did not change the FTCA settlement- but it trumped that decision.

I recommend that a lawyer handle any FTCA claim.It is far easier than doing it yourself. The OGC lawyers are VERY smart.I respect them as they do their job well.

These are some successful Section 1151 claims:

http://www4.va.gov/vetapp09/files2/0913023.txt

http://www4.va.gov/vetapp09/files2/0910681.txt

http://www4.va.gov/vetapp09/files5/0942581.txt

In each case the medical evidence of negligence was profound and undebatable.

http://www4.va.gov/vetapp05/files2/0509575.txt Re 1151 decision regarding FTCA award of $164,471.22.

http://www4.va.gov/vetapp03/files/0315675.txt recoupment offset to $200,000 FTCA award

http://www.veteranstoday.com/2010/06/23/veteran-awarded-600000-for-va%E2%80%99s-failure-to-refer-him-for-medical-treatment/

U.S. 10th Circuit Court of Appeals. $600,000 award

“In the 2006 fiscal year, the Judgment Fund of the U.S. Department of Treasury paid $67.1 million to settle Veterans Affairs malpractice claims across the United States. During that time 225 claims were settled for $23.8 million, 138 lawsuits cost the department $38.3 million and eight judgments cost $5 million. “

http://www.lawyersandsettlements.com/features/veterans-malpractice-rights.html

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Posted · Report post

Sorry for double posts- couldnt delete the second one

I just read over all FTCA and 1151 info on the VBM by NVLSP- this info here can't come close to all aspects of these claims but I covered the basics-

but I forgot to add one thing.

Get copies of your complete VA medical records and copy of C file BEFORE you attempt to file either FTCA or Section 1151 claims.

Once VA sees a Section 1151 claim or anything that suggests you might consider 1151 or FTCA they often write 1151 all over the files and will try to hinder any attempt you make to get the records you need.

You need these records to fully determine if you in fact really have a cause of action and then to prove it.

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Posted · Report post

Can a proper diagnosis but poor treatment and ineffective meds which lead to suicide due to loss of hope by Veteran be a proper 1151claim?

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Posted · Report post

Pete,

I think she might have a chance at it - the main thing would be to file the claim now.

We have a member here - sorry but I don't remember her name, anyways she got some DIC benefits I think

and the reason was because her husband (the vet) died because he wouldn't go to the doctors

because of his PTSD.

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Posted · Report post

Some meds can cause "suicidal ideation" in a vet or civilian who normally would not even think of suicide.

The Chantix horror story is a good example. (available at VA Watchdog under search)

It would take a strong independent medical opinion to show that a veteran committed suicide solely due to a VA medication.

If the vet however relayed feelings of hopelessness to a VA psychiatrist and these feelings were well documented ,along with obvious suicidal ideation (in their clinical record)and maybe even past hospitalizations for suicidal thoughts-then there is possibility of Sec 1151 award if the VA shrink did not act on this and their omission of proper medical treatment and intervention at that point might be a basis for 1151.

I would think however they would have to already have had a diagnosis of a severe mental disability and have treatments records with the VA for it.

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Posted · Report post

He had a painful disease service connected by VA and early on received food routine treatment. Good enough not to use his private insurance. He was not treated very well for his problems when it got worse. He was not managed and although he was sent to outside specialists over a period of 4 months nothing was really done. He did see a VA shrink and was prescribed meds for depression.

Some of the things that happened and are documented. The VA let him lie in an ambulance while they decided to admit him. After the 11 hours they told him that he could not come to VA for pain treatments and to get used to it cause that is how the disease works. A golfer had the same thing and was given medication that allowed him to play competitive golf in 2 weeks.

They ordered wheel chairs, canes, rollators told his wife that she would have to handle catheter.

His wife keeps telling me that she does not need the money from the VA but what about other Vets being treated. They took his hope away from him when they told him he would never get better and to quit coming to the VA for pain management.

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What if you follow VA doctor's orders and take pain meds as directed and end up as drug addict? If the VA keeps you on a steady dose of narcotics for 6 years what do they expect is going to happen?. They always blame the vet. You know the VA addicts many thousands of vets. Then they start blaming the vet for being a "drug seeker".

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"His wife keeps telling me that she does not need the money from the VA but what about other Vets being treated."

If she doesn't wish to purse this, nothing can be done.

"but what about other Vets being treated."

I was talking to a very well known veteran's attorney a few years ago about 1151 claims and he was absolutely shocked at something I said.He had handled a few 1151 claims and yet I had to prove what I said to him.

It is this- Successful 1151 claims are just that.

The VA makes a determination and if the vet or widow has succeeded on the claim=VA makes an award of comp under 1151 and it is over.

NOTHING is done to sanction any doctor involved.

FTCA is different.

Once a settlement is paid then the VA is mandated to report the amount of the settlement and any doctors involved in the settlement decision of negligence- to the NPDB. National Practitioners Data Bank.

Most if not all states then pick this info up via their Department of Health and Human Services and post all FTCA or other types of malpractice settlement awards by the doctor's name in a public internet Data Base and then the amount "charged" to the doctor (VA or non VA) and this data bank is used by the public ,lawyers,future employers etc to reveal any past negligence awards against them.

The problem is- the GAO in 2006 I think it was - found the VA was not reporting all malpractice awards to the NPDB.

VA responded with the idea that they would fix the problem.

I have been investigating this issue for years.

They didn't report my settlement or any VA doctors who killed my husband to the NPDB.That means they have more than likely failed to report MANY doctors to the NPDB that were involved in any FTCA settlement case.

The OGC has given me many excuses,some quite bizarre (and documented) but most recently however ,when I had to fight them for my offset money and I brought the NPDB matter up again-they did not have any more excuses to come up with.

Every time the VA fails to honor the NPDB mandate and agreement-regarding a VA malpractice case- this means those negligent doctors could go on and harm or kill other veterans.

"but what about other Vets being treated."

Th VA saves lives every day. I know there are MANY MANY great VA doctors, nurses and employees at every level.

Every vet and their spouse however should be fully aware of what their medical records contain.If something doesn' t seem right or they dont understand some things in the records,or are reluctant to ask their VA doctor to explain it, the internet has made it very easy these days to comprehend most medical tests and entries in the clinical record.

It is really up to every veteran, as a VA patient, to try to determine if their VA health care is appropriate.And in MOST cases I am sure it is.

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