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Medical Malpractice - Veterans 1151 Claims

Hodes Milman LLP

​VA Malpractice Attorneys Helping Veterans Harmed By The VA​
​​Veterans Healthcare Rights - Federal Tort Claims -

VA Medical Malpractice Claims, Misdiagnosis, ​Hospital Negligence, Medical Errors
For a review of your VA malpractice case contact our lawyers today.
Our firm serves throughout the nation, and is one of the few firms to have specialized experience in VA malpractice cases.
Call Now!  (949) 640-8222​​

PAPER Evidence Records

and Claims All Go Here

​V A Claims Intake Center
PO BOX 4444
JANESVILLE, WI

53547- 4444
Toll Free Fax:

844-531-7818​

Key findings about America’s military veterans

​​The experiences of post-9/11 veterans differ from

those who served in previous eras. Post-9/11

veterans more likely to have been deployed,

seen combat, experienced emotional trauma

Should I file a claim?

Potential VA claims?

​What am I missing in the VA claims process?

​r/VeteransBenefits

Best way to check on a supplemental claim online?

​Confused on what to do with claim.

​Dependent status with education benefits.

​Suing the VA for negligence and malpractice.​​

Veteran Proud

You've Arrived at the VAWatchdog Dot Org!
​Welcome Home
We've been keeping veterans informed of news and events important to them since 2005.
You'll find all you need to file your claim and referrals to professionals who can help you when things don't go well. 
What you won't find here is unending chat or opinions from strangers who like to think of themselves as experts. 
Our goal is to ensure that you are awarded the benefits you earned with your service to our country. 

We're here to help you take charge of your benefits, and that is all.

Extra Schedular Rating

​Extra schedular ratings under

38 C.F.R. § 3.321(b)

​How can I get an extra schedular rating?

​To receive an extra schedular rating the veteran

must first show that the veteran’s

conditions result in a disability picture

that is not covered by the schedule of ratings. 

Wounded Warrior Project Veterans Benefits

​C&P Service Clinician’s Guide
Scheduled For A C & P???    Filing A Claim?
This is a must read for you!!!​
I've been posting this again and again over the years 
and it's still one of the best ways I know to win 
your case. Published in 2002 the principles and much of 
the verbiage still applies and is in daily use at the VA. 

VA Urgent Care Pharmacy Locations
Find VA-approved urgent care/retail location

pharmacies near a specific

address or ZIP code, or search by VA Facility.

FAQs

Frequently Asked Questions

Craig Bash M.D., MBA
The Veterans Medical Advisor

​If you are an honorably discharged veteran, you served your

country well and you earned certain benefits.​ Sad to say, sometimes

it can be difficult for the veteran to obtain the earned benefits

guaranteed by law.​ Veterans need a recognized medical expert who

knows the VA system. As a disabled veteran himself and a respected,

board certified physician, Dr. Bash fits the need—and adds even further

insight as a VA-accredited service organization representative. 


​​Call   925-381-7561    Email   drbash@doctor.com

Jim...my treacherous, drug addicted, philandering, worthless, alcoholic, cheating, lying, violent, fat, stupid ex-wife/husband

is a 100% disabled veteran who is 8 months behind on child support for the 6 kids we have together. She/he tells me there isn't a

damn thing I can do about it since the VA disability money is protected for use only by the veteran and can't be garnished.

What can I do?

You can seek an apportionment. An apportionment is pretty much the same thing as a garnishment of wages but the apportionment is administered by the VA.  You can learn how to file an apportionment here

Hey Jim, I went to a fairly routine check-up appointment a couple weeks ago and I was shocked and awed when my primary care provider told me that when they drug screened me that marijuana was detected. I didn't really know what to say and since she didn't have any more to say about it we finished up and I left. I've thought it over since then and I believe my rights have been violated since I wasn't told I'd be drug screened. What business is it of the VA to know whether I use drugs or not?

Most Americans would agree that the results of a drug screen may be somewhat disruptive if those results were to be broadcast to others. You might not want your friends or employer to know, for example. But most would agree that there's a real drug problem in America that needs to be treated...not prosecuted but treated as a health care problem. How do we learn our own health care status? Often enough, lab work to show the status of our kidneys, liver, pancreas and drug intake. WHOA...treat drug abuse like the disease it is and the issue gets complex. While I understand your angst,  I support drug screening  for every adult as a part of their routine health care. 

Hey Jim, I'm a Vietnam veteran who had boots on the ground...two tours. I came home, got busy and didn't look back. I didn't know that VA existed most of my life but now I have prostate cancer and heart disease, both of those are  presumptive conditions  to agent orange exposure...I get most of that. But since I didn't know about VA I've existed with these conditions since 2002 and I've had treatments in the civilian sector...I'm fortunate enough to have health insurance through my job at a local business where I worked a long time. I've started filing the claims with a local VSO but I'm being told there won't be any back pay since I didn't know enough to file when my disease was diagnosed. This is bullshit, VA never told me about anything like agent orange or  filing claims.  I'm sick because of my service and I need help!

I understand all too well. Many of us had no clue that there was a VA and often enough we heard horror stories (true or not) that kept us away. I didn't understand how it worked back then and missed opportunities to appeal and file incidental claims so it took me years and years longer than it should have to recover the benefits I earned. I learned that the effective date of a claim is the day we file unless there are extraordinary circumstances and there are never extraordinary circumstances. VA will tell us that they publish far more information publicly than most federal organizations and that you have to do your part and take it in. Ultimately this is one of those things you may want to let go. Your effective date, the day benefits and all associated timing begins will be the date you filed, not a minute before.

Veterans Psych Evaluations
 Brett Valette, Ph.D.

As an expert in psychological evaluations, Dr. Valette provides 

Independent Medical Evaluations (IME), Independent Medical Opinions (IMO),

nexus letters, ratings reviews for all psychological conditions. 
Some Wounds Can't Be Seen
Contact Us Today

These are the most frequently asked questions I've received over the years.

I won't try to rank them in any particular order although it's easy to say that questions about divorce and how VA disability money may be accounted for by the family court are always at the top of the pile.

Other than that, I'll publish them randomly as we go along.​ Most will be presented as generic amalgams of the hundreds of times I've been asked something similar. Others I'll publish just as they come to me, misspellings, half-truths and rants.

Jim...I'm getting a divorce from my treacherous, drug addicted, philandering, worthless, alcoholic, cheating, lying, violent, fat, stupid wife/husband. I'm a 100% disabled veteran and I've told him/her that she can't touch my disability pay since I earned that and it's all I have to live on. He/she wants me to pay support for the 6 kids we have together and I've explained that I don't have to do that because my VA money is mine, all mine. Help me convince this low life piece of trash I mistakenly married that since I'm a veteran I owe him/her not a damn thing.

Veterans disability pay is meant to replace income that the veteran would otherwise be capable of earning except for the service connected disabling conditions. Every family court will consider VA disability pay to be income and the money must be factored in to any child support or alimony decisions. You can learn a lot more about divorce and the obligations that may come with divorce here.

We receive many questions about  divorce,  child support obligations, and so on. The answers never differ.

Thomas J. Seiter, Jr., M.D.
Independent Medical Opinions

Disability Benefit Questionnaires (DBQ's)
Service & Civilian Medical Record Reviews
Nexus Letters

Get In Touch With Dr. Seiter

Jim, I'm really pissed off at the VA examiner who performed my  C & P exam  yesterday. She didn't look at the records I brought, she didn't examine my arm like I asked and I was in and out of the room in 10 minutes. I want to file a complaint and I want to see the report she made before my claim goes any further. This isn't fair.

The worst thing we can do is to interrupt the process. The process of filing a claim is simple. You submit a form and any evidence you have. Your form is entered into the system and you are scheduled for an exam. After the exam that report goes back to your folder and eventually is in front of a rater. A decision is made and you're informed. If you disagree with the decision,  you file a NOD  and you're off to the races for an appeal. If you choose to interrupt the process, the train comes off the tracks. When you complain about the examiner (and almost everyone does) VA has to halt any progress on your claim while they investigate. The investigation, such as it may be, will always lead to you having another C & P exam where you'll be known as a hostile and complaining person. You get the idea, all this takes time and adds steps that are prone to mistakes. Get the C & P done and suck it up and keep quiet. If you don't like your decision, appeal. If you do like your decision (surprise!) you're done. Be careful what you ask for...

Hey Jim, I bought a house almost 2 years ago and I used my VA loan certificate. I've since learned things about the house that I didn't know then and it looks like it may cost me a lot of money to have repairs and upgrades done to get it turned into the house I thought I was buying. The realtor who sold me the home isn't in business any longer so I'm not sure what to do? How do I get some help?

I'm not sure what you're looking for? When we buy a home one of the first rules is that it is up to us to do our own due diligence. We can't trust home inspectors or realtors to be 100% invested in our security, that's our job. Unless you can prove some sort of fraud took place and get a local real estate lawyer interested, any future repairs are very likely on you. Yeah, it's frustrating to have to shell out big money unexpectedly, but yeah...it's a part of home ownership you have to prepare for...it happens.

Hey Jim, My disabled veteran boyfriend (girlfriend, son, daughter, cousin, neighbor, et al) has been arrested and jailed because of a false accusation that s/he had a gun and tried to rob some people. That isn't at all what happened but the police here don't like veterans and he's being framed. He needs a lawyer who will fight for his freedom and justice. He doesn't have any money since he is just out of the rehab program so he needs a lawyer who will be able to help a disabled veteran for free.

Once we leave active duty and become veterans, we soon morph into the creatures called civilians. As civilians we have all the rights and obligations of any citizen...we can get in trouble and then we can work really hard to get ourselves out of the trouble we got into. Nobody much cares that you're a veteran when you break the law. The handcuffs and jail will come first and any consideration to your past may come much later. Criminal defense lawyers don't work for free just because you're a vet. If you have problems with VA there may be free or less expensive help available for you. If you go and get yourself arrested and brought up on serious charges,  you'll find out the definition of lonely  PDQ. You're on your own.

Hey Jim, My hearing sucks. I'm hardly 40 years old and after 2 OEF/OIF tours I have ringing in my ears that makes me crazy and as if that isn't bad enough I can't hear hardly anything people say to me. It makes my work really hard to deal with and I'm afraid I could lose my job. I filed a claim a year ago with a local VSO (who left soon after) and after a quick exam and hearing test I've finally gotten a letter that tells me I have been rated as 0% service connected for hearing loss and 10% for tinnitus. Oh...I got hearing aids that aren't really doing much. The ratings seem low, do you agree? I'm having a helluva time and don't know what I should do?

I hear you brother...  Ouch, sorry. I guess the problem is we don't hear each other very well. The number one claims and ratings at VA are for hearing loss and tinnitus. Whether we serve in active combat or not, the job calls for us to be exposed to a lot of noise...acoustic trauma. In my years of advocating for veterans I've witnessed the most absurd denials for hearing loss and tinnitus that you can imagine. My own father was denied his claim for hearing loss. He served on Iwo Jima and in Korea retiring as an E-9 after 20. His specialty...ordnance. VA denied his hearing claim because there was no record of his serving in combat. The Purple Hearts he was awarded apparently didn't count. I tell you that to let you know what you're dealing with and that you need some expert help. You need to  appeal  and you may want to  retain a lawyer  for that. You need to consider  secondary conditions  that are being caused, contributed to or aggravated by the hearing loss and tinnitus. You'l want to think about whether or not hearing loss is causing you to be depressed or become housebound and if so, get a  mental heath IMO.

How Do You Apply For Social Security Disability Benefits?
Information on social security disability benefits

Website Monitoring Tool

Google Tracks You

and we don't.
​DuckDuckGo apps block

Google's hidden trackers.
​The world needs an alternative

Robert Wilkie  <robert.wilkie@va.gov>  ​855-948-2311

One More Reason You Need An Independent Medical Opinion

VETERANS BENEFITS ADMINISTRATION

Accuracy of Claims Decisions Involving Conditions of the Spine

Training book used for VA

'How To Lie With Statistics'

INN TO THE FOREST

​Lodging & Camping in southern Illinois with access to the Shawnee National​

We offer lodging, camping,

​stabling, corral, pasture,

access to a hunting lease and

discounts for America's

military veterans!

Veteran Disability Claims 

Nexus and IMO Letters

Social Security Scammers Are Trying a New Trick
These criminals have added fake emailed documents to their repertoires -- often using the official SSA letterhead.

How Divorce, Alimony, and Child Support

Affect Veterans' VA Benefits
VA benefits can be garnished only for spousal

or child support, and only under certain conditions.

How to file a VA disability claim
Find out how to file a claim for disability compensation

or increased disability compensation.

Jim's Mailbag

Your 2020 Guide to Social Security Benefits
Whether you’re claiming Social Security in 2020, have been collecting benefits for years, or are still decades away, here’s what you need to know about this critically important retirement program.

Marijuana Accessories

Where should we retire?

We get $2,470 a month from Social Security

and want a warm, friendly city near the ocean.

VA launches online patient portal for veterans

The U.S. Department of Veterans Affairs

announced the launch of an online patient portal

this month that will provide service veterans

with digital access to their patient statements.

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​Create or update your will fast / 100% free

Make your will with FreeWill today

Healthcare directives, 

proxies, living wills and durable financial power of attorney.

All are free to use.

38 CFR Book C 

Schedule for Rating Disabilities

Military Sisterhood Initiative to go live February 18
A social platform to build peer

support community for women Veterans

The NPRC
Military Records DD 214

Your Health

Urgent Care Centers

One of the most important benefits you have today is

the authorization to use an urgent care center

near to you. But first, you have to

print your paperwork

to take with you. Don't wait until you need this

benefit to prepare for it. Read this now,

print your papers and be prepared!

Traveling?

​How to ensure seamless care while traveling

Download VA benefit letters
To receive some benefits, Veterans need a letter

proving their status. 

For Better Brain Health, Preserve Your Hearing
Hearing loss is the largest modifiable risk factor for developing dementia, exceeding that of smoking, high blood pressure, lack of exercise and social isolation.

Hello Jim...

Can you help me with....

​Family Medical Leave Act problems after husband's deployment

Vet being harassed at work

VA doctor malpractice

Child support arrears create hardship

68 year old veteran with cancer

When did the Vietnam era start

Radiation treatment for prostate cancer and now C& P exam

Diabetes claim secondary to OSA

Revisiting child support order

Gulf War veteran behavior found to be willful misconduct

​All these and many more answers to your questions can be found at 

Jim's Mailbag

Florida Veterans

Medical Marijuana Card
Tell the doctor you saw it on VAWatchdog

and ask about veterans discounts!​

Be a  VA  Volunteer.

I did that for years & it's

the best thing ever. Get 

into the belly of the beast.

VA  loves  volunteers!

Do You Need

Medical Care

RIGHT NOW?
​You are already authorized

to use an urgent

care clinic!

Dr. David Anaise

Physician - Surgeon - Veteran

Veterans Law Attorney

Chronic Pain Is an Impossible Problem
A “safe” alternative to opioid painkillers

turns out to be not so safe.

Jim's Mailbag

Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA disability benefits

and a member of the Stateside Legal Website Advisory BoardJim's Mailbag, is a regular column where veterans,

servicemembers, and family members can  ask Jim their questions about VA and Social Security disability benefits.  

You can browse all of these Q&As here, and search the Jim's Mailbag archives for helpful answers.

AT WAR
40 Stories From Women

About Life in the Military​   

"Not Many Women Get

to Do What I Do"

Misuse of Certain Nonopioid Analgesics on the Rise
Gabapentin, Baclofen May Be Seen

as Opioid Alternatives

VA Releases Survivors Quick Start Guide
Reference guide to help during final

arrangements planning

What You Should Know about Disability and Debt

There Are Protections...When it comes to debt collection, disability income enjoys special status.

Welcome to the KnowVA Knowledge Base

Locate information more quickly and efficiently

An IMO by an expert  often makes the difference!

How To File a VA Disability Appeal
You have the right to appeal any benefits decision made by the Veterans Benefits Administration. The VA appeals process is set in law and is different from other judicial appeals processes. Find out how to file an appeal.

Has VA medical care caused you an injury or other harm?

You can sue the VA for medical malpractice but it's a complex process and you'll want lawyers who have

done this successfully in the past. There are strict time limits and draconian regulations to follow. 

​Get some advice today...call now!

Why Getting a Diagnosis Matters

​A diagnosis does so much more than get noted in your medical history. It also can help you apply for programs like Social Security Disability and medical marijuana cards. And maybe even more importantly, it can help you explain yourself to friends, colleagues and family.

Owe VA Money??? 

​​Submit A Waiver Request

Untreated Hearing Loss Linked

To Loneliness And Isolation For Seniors

Did you know that hearing loss and tinnitus are the

most commonly rated veterans disabilities? Did you

know that hearing loss and tinnitus can cause

other secondary conditions, particularly mental

health problems like depression and loneliness?