The A - Z Guide: Veterans VA Disability Benefits
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Patriotism is easy to understand in America - it means looking out for yourself by looking out for your country.
Calvin Coolidge
Calvin Coolidge
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Memorial
(Burial & Memorial Benefits)
http://www.cem.va.gov/
This information is provided courtesy of;
Katrina J. Eagle, Attorney at Law
http://www.wildhaberlaw.com/
The 1151 Claim
When a veteran is harmed as a result of medical treatment provided at a VA medical facility, there are 2 ways compensation may be available: by filing a claim for service-connected benefits under 38 USC section 1151, or by filing a Federal Torts Claims Act (FTCA) claim.
To prevail under either claim, you will need to prove negligence was committed, which is usually only done by obtaining a medical opinion from a doctor who has reviewed all of the relevant medical records in the case and is willing to put on paper that the medical care provided was "below the standard of care" required of medical professionals. To be clear, this statement cannot come from the individual harmed, but rather from a similarly experienced doctor in the same field of medicine. Of course, getting a VA doctor to put such an opinion on paper is preferred but unlikely; however, a private doctor's opinion is just as good, so long as the right points are discussed in the opinion. The person harmed will also have to show permanent damage.
There are A LOT of issues to be considered when trying to decide which to pursue, either an 1151 claim or an FTCA claim. The safest thing is to file both, and withdraw one or the other later, as the case proceeds. The most important point to note is that, for an FTCA claim, you must file the claim within 2 years of the incident (or when you "knew or should have known" that you were harmed). On the other hand, there is no statutory time period by which an 1151 claim must be filed. The second key consideration is: are you already receiving VA service connected compensation? If so, there will be an offset from any FTCA-related award. Typically, an 1151 claim can be easier to prevail on, but the key is evidence of negligence. Also, the defense often employed in these cases is that the resulting damage was assumed by and, or consented to by the patient, demonstrated by the consent forms signed by the patient pre-surgery. Note that a valid claim will overcome this defense, but it's still something to keep in mind.
Medical Malpractice
Updated October 25th 2009
DISCLOSURE OF ADVERSE EVENTS TO PATIENTS
DELEGATION OF AUTHORITY TO SETTLE TORT CLAIMS
Ménière's Disease
Read the Wiki
TITLE 38
PART 4 SCHEDULE FOR RATING DISABILITIES
Subpart B Disability Ratings
Sec. 4.87 Schedule of ratings--ear.
Diseases of the Ear
6205 Meniere's syndrome (endolymphatic hydrops):
Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus...100%
Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus...60%
Hearing impairment with vertigo less than once a month, with or without tinnitus...30%
{Cerebellar Gait; A staggering gait, often with a tendency to fall.}
Military Sexual Trauma
http://www.publichealth.va.gov/womenshealth/trauma.asp
http://www.militarysexualtrauma.org/
http://www.military.com/benefits/veterans-health-care/sexual-trauma
http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1244
Millennium Health Care and Benefits Act
H.R. 2116, approved November 30, was assigned Public Law No. 106-117
Expands veterans' eligibility for reimbursement of emergency care costs when VA or other Federal health care facilities are not accessible.
Extends and expands VA's authority to provide health care services to victims of sexual trauma.
Makes more active duty personnel eligible for VA substance dependency treatment.
Authorizes VA to update the schedule of copayments charged for certain health care benefits to generate additional program funds.
See; http://vlex.com/vid/reimbursement-for-emergency-treatment-19234697
Monday Morning Workload Reports
(You Can See How Well Your RO Is Doing)
www.vba.va.gov/reports/mmwr/
Multiple Sclerosis Benefits