AFWIFE

John; we know that you can die in any surgery and we accepted all the risks involved with knee replacement -except abandonment- that one wasn't in the informed consent. And the VA doc who did the uni-knee, actually submitted his affidavit to the court as an expert witness in a case against him. I don't get how that one flies, as I see direct conflict and a self-serving affidavit. Oh well, we take things one day at a time, hopefully learning a few things in the process before we are done and get to go home (I'm mighty tired of this place called earth). Everyone have a good Sunday, and make sure to tell those you love that you love them. AFWIFE

CB, John, Pete and Halos2; your comments are so appreciated. :D Tomorrow is physical therapy again for my husband, and Tuesday we have another telephone hearing with the court. We got the report from C&P and will be working on our objection and correction to it. Halos2 thank you for the reminder about the skeletal system connections. Take care all, and blessings to you! AFWIFE

Thanks to all the guys and gals who provide good paths. I have a question that really distress me. "Does VA even care anymore about the medical conditions of their Vets, or has it all become politics and redtape?" My husband (AF) has a SC knee, with 3 surgeries on same knee since 2005 (arthroscopy and 2 replacements - uni and total). He had been through VR&E just prior to the surgeries beginning, but with the med delay nobody would hire in his field (employers were skeptical of future knee problems), and he took employment where he could find it. He is not a whiner, and because of that, I think VA uses it against him in the C&P exams. After the first (failed) knee replacement, the doc basically kicked us out of his office, and told us he didn't need to see my husband anymore. Said he was faking the pain and that the doc's arm (in a sling) hurt more than my husband's knee/leg. Only because we continued to document the issue, less than a year later we got another doc to finally do a simple fluoro x-ray and (guess what?) we found an oversized and loose implant. 2nd surgery was much better with pain relief, but weight-bearing issues and spine degenerative issues had been and continue to be made worse. C&P was a joke (not very funny though), and the woman was rude - she didn't want me in the room for the exam, but my husband and I addressed that quickly. How does a person get VA to connect the medical dots, before more damage occurs? We have a tort against the first doc for the botched surgery (more for the abandonment than the medical error, as we agree that errors can and do happen - but its not acceptable to cal a vet a liar and be told not to come back (and that you are faking your pain). My husband says he believes that VA is now pissed at him for the tort, and is probably sending our file to the nearest shredder. My husband is not a whiner, but does speak up when he needs to.My problem is that he is employed in a physically dangerous line of work and his body cannot sustain him for much longer. Any thoughts on how to address this problem? Thank you in advance. AFWIFE

My husband and I are 1) looking for a lawyer to handle a FTCA suit, but in the meantime don't want to lose our six month deadline (after the denied Admin. process) and have to file the initial paperwork ourselves. :D Does anyone have a sample or template complaint that can be used as a guide? I heard that a hadit member (Berta?) had a successful filing; is that complaint or lawsuit available online to give us an idea of what the format needs to cover for the fed court? Any assistance given is greatly appreciated. Thanx and blessings all! B) AFWife

duhh.. (hitting head like in the V-8 commercial) - I should have known that. So many abbrevs, so little time. Thanks and blessings to you! AFWIFE

Berta; What is a SC P & T (service connected what?) and as far as I know no Form 95 has been filed. A request for an in-person hearing may be submitted today, as face to face with someone is always a good way to do business. Also, does anyone know what the actual 'remedy limits' are on 1151 claims (settlement, health services, self-employment business help?) Thanks for all the shared thoughts... please keep them coming. And blessings to all for their input! AFWIFE

Thank you so much for your reply. I will try to answer your questions: SC is not in question. SC is for degenerative left-knee. In 2002 (I believe) was at 20 and the went to 30%. In 2003 - 2005 attended and completed Voc Rehab and graduated with a 3.5 Associate in Fluid Power (Hydraulics and Pnumatic Technician). 3 days following graduation (June, 2005), had knee arthioscopic surg. Condition was worse than suspected and was scheduled for knee replacement surg. (Jan. 2006). The VA doc put in the wrong-size implant and it became loose, causing added damage. Fought with VA and finally got Fee Basis 2nd surg. locally (Jan. 2007). We have medical records and Voc Rehab records (past employment and VR&E employment plan, etc.) With the new training (unusable), we have also looked into self-employment and the 2007 Patriot Express Business Loan avenue (and are finding there are many hoops and loops in every VA program making it frustrating trying not to be homeless before there is a proper solution. We have requested a hearing with the VA doc who botched the first knee replacement (to answer for his actions); we are also daily in contact with the VISN people. So far we have recieved 2 letters saying "we are sorry for the delay, and we are still working on your claim...." Let me know if you need any more information. And again, thank you and blessings! AFWIFE

Hi, I'm hoping for some help understanding the VA benefits system. My husband had (service-connected) knee replacement surgery in Jan., 2006. The doctor (VA) botched the job, putting in the wrong-size implant and it was soon getting very loose. He didn't want to admit his error, and we had to fight to get a 2nd knee replacement fee'd out locally (we were not going back to same doc for the 2nd surgery). My husband had (prior to the 2006 botched surgery), completed a 2-year (Associate Degree) course for vocational rehabilitation through VA. Now he can't use the training, and is unemployable. Recently, VA said he wasn't going to be allowed his 1-year patient care follow-up (for his 2nd surgery). His VA Primary Care put in another Fee Basis request on that issue - so we don't know what will happen. Our sole income right now is the temp. VA benefits (which expire after Feb., 2008). Do you know of any VA cases that address this combined 1151/Vocational Rehab/TDIU issue? Your assistance will be greatly appreciated. God bless you and your attitude of helpfulness. AFWIFE