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To: mjaneangels@aolcom

When I read that PTSD "treatment" causes MI's, a section 1151 claim comes to mind.......1151 covers conditions caused by VA treatment or errors.....it recognizes them exactly the same as service-connected conditions. Look into it, it might be the answer.
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SECTION 1151 COMPENSATION…


Pursuant to Title 38, Section 1151 of the United States Code Service (U.S.C.S), there are several avenues of compensation available to Veterans who suffer a physical, psychological, or psychiatirc personal injury as a result of VA, VA Health Care, VA vocational rehabilitation (pursuant to Chapter 31 of Title 38 U.S.C.S.), or participation in a VA compensated work therapy program (Pursuant to 38 U.S.C.S., Section 1718).


First, a Veteran, or his or her survivors or estate may pursue a medical malpractice claim

against the under the Federal Tort Claim Act (FTCA). At the time of filing a FTCA lawsuit, or at any later time, a Veteran may apply for Disability Compensation under Section 1151.


If under Section 1151, the VA determines that the Veteran’s disability was caused by VA negligence, the VA will pay Compensation Benefits as if the disability were service connected.


Also, if under Section 1151, the VA determines that a death was caused by VA negligence, the VA will pay to the Veterans surviving spouse, children, or other family members, or estate, Dependency and Indemnity Compensation (DIC) benefits as if the death were service connected (Pursuant to 38 U.S.C.S., section 1310).


Although, VA compensation and DIC benefits are primarily aimed at providing cash benefits for disabilities and death related to military service, Section 1151 expands the program to cover rehabilitation, or participaton in the VA compensated work therapy program.


Of course, if VA treatment for a service-connected condition makes an already service-connected disability worse or creates a new disability secondary to the service-connected condition, the Veteran may apply for an increase in service-connected disabiity benefits or claim secondary service connection without relying on Section 1151. There is no time limit for filing a Section 1151 Claim.


In most cases, Attorneys are not allowed to charge Veterans Legal Fees or represent Veterans in Section 1151 claims, unless a disinterested party pays the Attorney fees or until it becomes necessary for a Veteran to appeal his or her case before the Court of Appeals for Veterans Claims (CAVC). However, Attorneys may charge Veterans Legal Fee and represent them in both Administrative Federal Tort Claims, and in Federal Court.


For further details or assistance to apply for a Section 1151 Claim, contact any Veterans Service Organization Claims Representative located at your nearest VA Medical Facility or VA Regional Office. Please note that you do not have to be a Member of a Veterans Service Organization to receive assistance or for them to represent you with your VA Claim.

"section 1151" google:

http://www.google.com/search?hl=en&q=VA+section+1151+claims


10 posted on 08/30/2005 7:48:20 PM PDT by Vn_survivor_67-68
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To: Vn_survivor_67-68; ProudVetWife

Thank you for the link to section 1151 and the info. I am pinging ProudVetWife to it now.


17 posted on 08/30/2005 9:16:40 PM PDT by mjaneangels@aolcom
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