Jason Kahl Posted March 1, 2010 Share Posted March 1, 2010 I went to the VA last year, they waited 2.5 months to remove a disc that was on my spinal cord. I can hardly walk and on tons of pain meds. Last week the at the C&P exam the doctor wrote it is more probable than not and a few other things saying the delay in treatment caused the spinal cord damage. I take care of my personal needs but can't clean house or take care of my kids... Link to comment Share on other sites More sharing options...
Berta Posted March 5, 2010 Share Posted March 5, 2010 Did you file a claim under 38 USC Section 1151? You sure have the evidence for that. If the VA errs in treatment or lack of treatment, or does anything that is negligent and causes additional disability-the additional disability can be rated and deemed "as if" service connected. It sounds like you might still be in the FTCA statute of Limits. If a vet makes clam against th USA ( VA) for damages due to negl;igence within 2 years after they are fully aware of the negligence ( the doc's statement might be the SOL date here) they can file FTCA case against the gov and succeed. However FTCA settlement amounts are offset to any Sec 1151 comp. There is a lot of info here on FTCA and Section 1151 clams. It is unusual for a VA doc to even mention any basis for 1151 or FTCA- this doc did the right thing. Most of them would have swept this under the rug. Do you have a vet rep? Link to comment Share on other sites More sharing options...
Berta Posted March 5, 2010 Share Posted March 5, 2010 PS if you are unable to work due to this medical error -file for TDIU under Section 1151 too. Is there any good prognosis? Does the doc expect you to return to work at all? Was this surgery for a SC disability- if so did you check out the temp convalensence regulations here at hadit under the search feature? If for SC disability- then ask for TDIU under direct basis (as well as 1151) Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted March 5, 2010 HadIt.com Elder Share Posted March 5, 2010 Welcome to Hadit and you can take Berta's advice to the bank. Once you get SMC the VA often will provide an aide to come a couple to five times a week and help out with light household chores and possibly help you with baths and other things. Good Luck Link to comment Share on other sites More sharing options...
Dorothy Kansas Posted March 6, 2010 Share Posted March 6, 2010 Get a copy of that C&P report to see if it actually says that. Sometimes these C&P doctors act like they are favoring you but when you read the report it is something different. Link to comment Share on other sites More sharing options...
Jason Kahl Posted April 22, 2010 Author Share Posted April 22, 2010 I got the answer Monday, the examiner found that "My current disability was due to negligence and carelessness" The injury was Service Connected! Link to comment Share on other sites More sharing options...
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