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[Knwldg909]

 

Edited October 14, 2016 by Knwldg909
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[Berta]

 "I had arthroscopic surgery on my knee in 2010 at the VA hospital but as a veteran. The right knee synovial cyst removal which resulted in all my issues with nerve damage and a bad knee hasn't been service connected this entire time. I don't get how this happens...they just put a surgery I never even had back then."

Did you formally claim that the removal of the cyst caused you the additional nerve damage?

The benign cyst itself, which was removed, is not the issue here in my opinion...the issue is the additional nerve damage disability you have from the surgery.

Do you have all of your VA medical records?

Was the 2010 surgery specifically to deal with the residual nerve damage?

Did it correct that problem at all or does nerve damage still remain?

Can you clarify this:

"they just put a surgery I never even had back then"

What is the documented medical diagnosis ,in your medical records, for the nerve damage you incurred?

 

[pwrslm]

For the claim that they determined that the right knee cyst was not service connected, did you have any form of nexus for that? 

[Buck52]

Do you have any records of the VA quoting this? or anything similar?

''They thought it might have been cancerous at the time (it wasn't). But the surgery also left me with nerve damage on the entire right side of my right leg''.

if you have concrete proof they said that,  that is definitely CUE

You need medical documentation from the VA to support this accusation  if it was not cancerous  why did they do the surgery? to remove the tumor ok  but they should have informed you first that the tumor was benign  and there's a possibly probability a 50/50 chance that the surgery to remove  your knee cap will have some irreversible nerve damage. or worded something to that effect.

recheck your medical records and see what all they mention about your knee cap surgery

''they just put a surgery I never had back then''? are they talking about your knee surgery? or what surgery do they mean ''you never had back then?

 

jmo

 

....................Buck

[Berta]

I am confused here too but I dont see the potential for CUE....however I do see a potential for 1151....

but then again not enough info here for that either.

An FTCA case was won by a vet because the Dayton VAMC messed up his knee surgery ,causing severe nerve damage,in 2006 I think it happened .....but I researched this type of  procedure and sometimes nerve damage is an unforeseen residual that may not be due to negligent medical care.

If Walter Reed caused you damage, they cannot be held accountable due to the Feres Doctrine.

But the VA can be regarding the second 2010 surgery, if they messed up.

It seems like you have been dealing with the residual nerve damage for a long time.

 

 

 

 

 

 

[broncovet]

I agree with BERTA.  The disability percentage is a "judgement call" by the decision maker.   A difference of opinion on that call can not be CUE.  

[Knwldg909]

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Edited October 14, 2016 by Knwldg909
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