could this be correct?
I am receiving compensation under 1151 for residuals of botched surgery of right inguinal hernia ( I'm aware of the benefits that 1151 provides). I had recurrent r hernia,had bilateral surgery...
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To me, the regulations are clear: "Title 38 U.S.C. 1151 Claims Title 38 U.S.C. Section 1151 allows VA to pay compensation for death or disability "as if service-connected. Don't be confused with this...
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If this was a claim for a convalescent rating. then 38 USC 4.30 does restrict those temporary ratings to service connected issues.
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thanks for response. the regs for 1151 also state-if elegibility is established under section 1151, the disability is considered service connected for payment purposes. nick, not for convalesence ,...
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of course I agree not related to military service. but is it not related to my 1151 sc disabilites that va dr and board certified neurologist contend. I know va doesn't have to accept their...
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Cattin, In my reading, Both 38 USC 4.29 (hospitalization in excess of 21 days) and 4.30 (convalescent ratings) specifically state 'service connected disability' and the VA states that the 1151...
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thanks nick; I believe your response is the most accurate to my post.
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Are you service connected for bilateral hernias, which was what the surgery was for?
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cav 1 sgt; surgery was intended for r hernia (sc) however at time of exam for scheduled surgery a l hernia was detected an surgeon suggested have both done.
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Please take this in the manner intended. Could it be that the 24 day hospital stay would not have been as long if surgery was only performed on the 1151 r side hernia? You are seeking compensation...
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cav1sgt; thanks for response. now I'm back to confused again. your post of my24 day hospital stay, isn't that conjectural? are you saying that the r hernia recurrent sc is to be ignored because...
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To clarify - I am saying the matter became intertwined when both procedures were done concurrently. In regards to conjecture, do you have a medical statement supporting the fact that had surgery been...
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VA has to determine if the length of a period of hospitalization was primarily for a compensable condition (compensable is a better word, since an 1151 disability is not technically service connected,...
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thanks ivac and cav sgt for response. I know there are different takes on this. I'm hoping that nick and ivac's take would be the one va considers and rates. yes I do have a vso (vfw) in st pete fl...
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cav1sgt; thanks, on surgical report surgeon stated from initial r hernia surgery the left side was affected mesh pulled loose. dont know if that means left hernia or left side of right hernia? could...
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