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VA Disability Benefits Due To Negligence
The 1151 Claim
An important part of VA Disability law provides relief if a veteran suffers an injury or dies as the result of “negligent” VA health care, VA vocational rehabilitation, or the VA compensated work therapy (CWP) program. The Statute allowing these benefits is 38 USC § 1151, better known simply as an 1151 claim. A claim under Section 1151 is similar to a medical malpractice claim against the VA, but there are some very important differences. In order to file an 1151 claim, a veteran or family member has to write the VA indicating that he/she believes that a permanent injury/disability, or death has occurred as the result of an action, or failure to act, of the VA. You MUST be able to show “intent”, in order to apply for 1151 benefits or VA disability benefits. Once this is done, the claims process should be triggered.
Read the rest of this article by clicking here.
Need advice about your potential 1151 claim? Call Hale Law Office at 1-800-522-4595 for your FREE Consultation with accredited veterans disability attorney Roger Hale.
How To File A VA Claim
You DO NOT need any sort of "VA rep", VSO or anyone else to help you.
If you need help with forms, ask a family member.
You are not allowed to use a lawyer unless you're appealing a denied claim.
Filing a disability benefits claim isn't difficult...you CAN DIY.
Take your time. Follow the instructions. Be brief, be precise.
You can file electronically or using mail and fax.
The only claim we guarantee that you'll lose
is the claim that you didn't file.
Register for and familiarize yourself with eBenefits.
CAUTION: the eBenefits site doesn't always work well.
Use it only if you have confidence in your computer skills.
Gather your records for your own use.
If there are civilian medical records, get those yourself.
Do not rely on VA to get them for you.
If you only have VA medical records, they will be accessible to the raters.
You don't need to gather your VA health records.
Military records and DD-214 replacements are here.
Get your records (evidence) organized.
Make copies, collate them in good order. If you plan to
upload them on-line, start scanning.
Now File the Claim
Tell VA exactly what you are claiming and tell them
the rating percentage you believe you've earned.
to determine what rating you may be eligible for.
You should use the same language that VA uses to describe your illness or injury.
Once You Complete Your Paperwork
Use certified mail ONLY to mail your
completed forms and evidence to:
The VA Claims Intake Center
Department of Veterans Affairs
PO Box 5235
Janesville, WI 53547-5235
We also recommend that you fax a complete
copy of everything you mailed to:
Toll Free FAX Janesville – 844-822-5246
How hard was that?
You should soon hear from VA that they're working on your claim.
Shortly after you should be scheduled for a C & P exam.
Be patient, once these things happen your claim is being processed.