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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. 

Gregory M. Rada - A Veteran for Veterans
​​Focusing on appeals involving psychiatric conditions
and/or individual unemployability (TDIU)
​Proven Results • Direct Communication • No Fees Unless You Win

Nationwide Representation 
Free Phone Consultations - ​(844) 838-7529

Veterans PTSD Assessments
Independent Medical Opinions    PTSD DBQs​
Thomas Grieder, MD, PhD
​Twenty five years service as a VA psychiatrist
Assistant Professor and Associate Clinical Professor
UCLA Department of Psychiatry and Biobehavioral Sciences
​Lead psychiatrist for the East Los Angeles PTSD Clinical Team​


Contact Dr. Grieder

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

​§3.310  Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300(c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

§4.22  Rating of disabilities aggravated by active service.
In cases involving aggravation by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service whether the particular condition was noted at the time of entrance into the active service, or it is determined upon the evidence of record to have existed at that time. It is necessary therefore, in all cases of this character to deduct from the present degree of disability the degree, if ascertainable, of the disability existing at the time of entrance into active service, in terms of the rating schedule, except that if the disability is total (100 percent) no deduction will be made. The resulting difference will be recorded on the rating sheet. If the degree of disability at the time of entrance into the service is not ascertainable in terms of the schedule, no deduction will be made.

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

Hearing Loss and Tinnitus Bringing You Down???


Are you depressed, anxious, angry or moody because of your hearing problems?
Did you know your mental health issues may be secondary to hearing loss or tinnitus?
Dr. Brett Valette is a clinical psychologist specializing in veterans mental health disability. If you're suffering with problems you believe may be caused or aggravated by hearing loss,
contact Dr. Valette and ask if you may have a secondary service connected condition.

BVA Decisions

Board of Veterans Appeals decisions are required reading for the veteran involved in a claim or an appeal.  You should recognize that BVA decisions do not  establish precedent. In legal systems based on common law, a precedent, or authority, is a principle or rule

established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. At VA and BVA every case is decided on its own merit. When you find a case similar to yours, you'll want to read it through and learn what that veteran did to win his appeal or if the case was denied, why? If you pattern your case in a way similar to those with positive outcomes, you're likely to prevail.

BVA Decision
THE ISSUES1. Entitlement to service connection for bowel incontinence, to include as secondary to service-connected lumbar disc disease. 2. Entitlement to service connection for bladder incontinence, to include as secondary to service-connected lumbar disc disease. 3. Entitlement to service connection or numbness and tingling of the right upper extremity, to include as secondary to service-connected lumbar disc disease. 4. Entitlement to service connection for numbness and tingling of the left upper extremity, to include as secondary to service-connected lumbar disc disease.

BVA Decision
THE ISSUES 1. Entitlement to service connection for degenerative joint disease, left hip,

secondary to service-connected left hallux valgus, left great toe, status post-bunionectomy and metatarsal osteotomy.  2. Entitlement to service connection for left lower extremity sciatica secondary to service-connected degenerative arthritis of the lumbar spine at L3-L4, L5-L6, and L6-S1. 3. Entitlement to service connection for right lower extremity sciatica secondary to service-connected degenerative arthritis of the lumbar spine at L3-L4, L5-L6, and L6-S1. 4. Entitlement to service connection for an acquired psychiatric disorder to include anxiety and depression, secondary to service-connected disabilities.

Your VA Disability Rating & ​The Schedule


Let's spend a few minutes talking about how VA arrives at the rating you'll receive once your claim has been adjudicated. The process isn't (or shouldn't be) complex. You have a medical problem you feel is connected to your honorable military service. You file a claim 
seeking compensation for the disabling condition. VA then gathers all pertinent records and any other relevant evidence and schedules you for a 
C & P exam. Once all that is completed, a Ratings Veterans Service Representative (RVSR) will study all of that and issue a rating. 
As the RVSR reviews the evidence, your condition and the amount of disability the condition ​is causing will be derived from

  38 CFR Book C, Schedule for Rating Disabilities .
Much of what you'll find there is in need of updating to reflect a more modern medical approach to illness and injury but for now, The Schedule is what we have to work with. As you file your disability benefits claim you'll want to look at the language VA uses to define different ratings for your specific malady. If you have a knee problem, you'll go to 
4.40 - 4.73 - The Musculoskeletal System  

and then explore until you learn all you ever wanted to know about how VA rates knee injuries.​ The same holds true for any illness or injury you believe is connected to your service. If your specific condition isn't listed, that's not unusual and VA allows for symptoms of a like kind to be rated by similar symptoms of similar conditions. As you perfect your benefits portfolio, you should become familiar with The Schedule. The more you know, the more control you have over your benefits.

Secondary Conditions

PTSD, MST, TBI, Agent Orange Exposure, Back Injuries, Gulf War Syndrome, Migraines, Heart & Vascular Disease, DIC, Unemployability TDIU
Free Veterans Disability Consultation! 
     Call Now!  (800) 742-5035

Other examples that may be secondary are:
If you have a rated hip condition and it affects your back, you may want to file for the back pain as a secondary

condition. If you take medications for service connected PTSD, you may be eligible to file for erectile dysfunction.

Many psychiatric medicines will cause or contribute to ED. If you are rated (service connected) for hearing loss,

don't overlook the tinnitus that may accompany acoustic trauma. Severe hearing loss may also lead to mental health

conditions like depression. If you have a condition that has caused significant disability to a leg, that injury

may affect the other leg, the hip or your back.


The VA will almost certainly deny your claim for a secondary condition. That's why we have expert doctors for IMOs and

veterans law attorneys to manage appeals. Appeal is just a part of the process...go for it.


You should  consider obtaining an IME/IMO  at your earliest convenience.

​​Diabetes (DMII) as a primary condition


Diabetes is known to be very hard on the human vascular system. The veteran who has
diabetes will be monitored for diseases of the arteries of the heart, the neck, the kidneys and the legs. If diabetes affects those arteries the veteran may develop ischemic heart disease, carotid artery disease, renal artery disease or peripheral artery disease.Those diagnoses may lead to heart attack, stroke, kidney failure and difficulty in walking or even loss of a leg. If there is a diagnosis of DMI and that diagnosis is rated by VA as service connected, vascular diseases that are diagnosed later will be viewed as secondary conditions and will deserve an award of compensation. Interestingly, the diagnosis of service connected DMII must come first. If a veteran claims carotid artery disease in 2006 and is denied and then in 2009 he is diagnosed as having service connected DMII, the original denial is likely to remain as is. For a claim of a secondary condition, the primary service connected condition must be of record first. If the veteran has service connected diabetes, he or she may consider filing for;


Peripheral Artery Disease 
Ischemic Heart Disease 
Carotid Artery Disease 
Stroke 
Kidney Disease 
Hypertension 
Diseases of the Eye 


There are many more conditions that may be caused by service connected diabetes.

​In our example of DMII, not all other conditions can be successfully claimed. This is a common error made by many veterans.Veterans who have a service connected condition like DMII will often begin to try to claim all other conditions as secondary to that DMII. 

We receive frequent emails asking if we think that a claim of arthritis,  mental conditions like  depression, various cancers and so on can be claimed as secondary to  the DMII. The answer is always "No". Veterans are allowed to make any  claim they believe is appropriate. Our answers are based on whether or  not we believe the veteran will be awarded the benefit or if he is  wasting his time. Many claims of a secondary condition may be won with an  expert Independent Medical Opinion.

Secondary Conditions are disabling injuries, illnesses or diseases that may be caused or aggravated by your existing service connected conditions. Nomenclature is very important when working with VA so it helps for you to understand  the language.

The term "condition" is used to describe any physical or mental health problem you may have.  A condition is an injury or an illness that occurred during your military service. The condition may be disabling or not.  You may have had a condition like a fungal infection that was treated and cleared up with treatment. That isn't disabling but it may be rated as service connected at 0% disabling. Or you may have had a significant injury such as a gunshot wound. Even though it was treated, that wound may have left you with only a

partial use of the affected limb and a big scar. That's a disabling condition and will likely be awarded an appropriate rating for purposes of compensation.

The term "service connected"  implies that the illness or injury occurred during your service or if it shows up later in your life, was caused, contributed to or aggravated by your service.The condition doesn't have to be from combat or even while you're performing a military duty. You're military 24 x 7 so anything that happens before you have that DD 214 in hand counts. These conditions can be physical illnesses or mental health problems. Some service connected conditions are pretty easy to understand. If you lose a finger or a  toe in an accident or in combat, you'll get a clear cut rating for the loss of the digit. That loss isn't pleasant but it isn't very likely to disrupt your life to any great extent and it won't lead to any other physical problems for you. Then again, you may be diagnosed with an illness or incur an injury that can cause other problems. If you have a service connected condition and that condition leads to other physically or mentally disabling conditions, you may have a reason to file a claim for a secondary condition.

Veterans who served in Vietnam are known to have been exposed to agent orange.  

Agent orange is known to cause or contribute to a variety of health problems. Your VA cedes that many health problems that occur in Vietnam veterans may be caused by the exposure to agent orange. In fact, there's a well defined list of these presumptive conditions.One of the common conditions that may be seen in the Vietnam veteran is adult onset diabetes, often called Type 2 Diabetes or DMII. Any Vietnam veteran who receives a diagnosis of DMII should file a claim for disability compensation. The claim is likely to be awarded without too much fuss if the veteran has his paperwork in proper order. Once an individual is diagnosed

with DMII his health care team will begin to watch for  conditions that are known to be secondary to the diabetes. Medical science recognizes that diabetes can be a brutal disease and it may cause other physical health problems. Many of these problems may be avoided or minimized with good medical care like a proper diet and medicines. Some manifestations of DMII will come up for some veterans though. These may be viewed as secondary conditions and when they occur, they should be claimed as service connected and secondary to the primary DMII.​

What You Should Know about Disability and Debt

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

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Locate information more quickly and efficiently

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Do You Need

Medical Care

RIGHT NOW?
​You are already authorized

to use an urgent

care clinic!

AT WAR
40 Stories From Women

About Life in the Military​   

"Not Many Women Get

to Do What I Do"

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

Jim's Mailbag
Marijuana Accessories

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.

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

Dr. David Anaise

Physician - Surgeon - Veteran

Veterans Law Attorney

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

or increased disability compensation.

Florida Veterans

Medical Marijuana Card
Tell the doctor you saw it on VAWatchdog

and ask about veterans discounts!​

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?

An IMO by an expert  often makes the difference!

​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.

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

turns out to be not so safe.

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.

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.

38 CFR Book C 

Schedule for Rating Disabilities

Owe VA Money??? 

​​Submit A Waiver Request

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

Website Monitoring Tool

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

arrangements planning

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.

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

Traveling?

​How to ensure seamless care while traveling

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!

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!

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

proving their status. 

Where should we retire?

We get $2,470 a month from Social Security

and want a warm, friendly city near the ocean.

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!

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.

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.

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

as Opioid Alternatives

Training book used for VA

'How To Lie With Statistics'

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.