Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
Should I File 38 U.s.c. 1151 Claim?
Rate this question
Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
Panther_8151
I am Gulf War Veteran with 10% service connection for my left knee and I had arthroscopic surgery on my left knee at a VA hospital. I'm just going to type a time line below about my situation. I filed for the convalescent benefit.
April 2, 2008-VA outpatient arthroscopic surgery on my left knee to remove some torn meniscus and cartilage from my knee. The two weeks following I did great with my recovery. This type of surgery the recovery time is about a month, so I thought I was doing great.
April 17, 2008- I had my stitches removed and my knee looked good. But the next day my knee started swelling and getting stiff and kept getting worse. So I decided to go the VA emergency room get some help. All they could do was give me a shot for pain and inflammation. They told me to come back Monday because the orthopedic is not available on weekends.
April 21, 2008- I'm back at the VA hospital to see the orthopedic. When I was in his office I could see the concern on his face, he immediately proceeded to draw fluid from my knee. After he drew the fluid out of my knee and he told me that I will have to be admitted to the hospital because of possible infection. So I was admitted and stayed in the hospital for 5 days getting antibiotics. During this stay the doctor also went surgically (arthroscopic) back in my knee to clean my knee joint.
April 25, 2008- Lab results for staph infection came back negative and I was released.
After I was released I was doing good(somewhat) with my recovery, but a knot of fluid was staying on my knee and wouldn't go away. So I talked to or saw the VA doctor at least 3 times in May complaining of the swelling and pain. He told me it was nothing to worry about and thats the your body is healing, so I trusted him.
So in the first couple weeks in June the problem still persisted. My family and I became very concerned something was very wrong. I went back to the VA doctor around June 10 or so, and talked to him. This time he had a answer for what was going wrong with my knee. He said that I have tear or hole in medial capsule in my knee. The hole is allowing fluid to escape out of my knee joint. He also suspected this problem 3 weeks earlier but failed to tell me about it. After told me all that great news, he told me the only way to repair the capsule is go back into my knee and stitch the capsule. You could imagine my reaction, my jaw hit the floor. I did not want another surgery (3RD one in less 3 months) from him. I told him I was getting an second opinion from another doctor. I also filed a complaint to the patient representative at the VA hospital about my treatment.
Well I have appointment with a private doctor this week. I hope it goes well.
Does anyone have any insight or advice about my situation? Should I file a 1151 or tort claim? Does this situation meet the criteria?
Link to comment
Share on other sites
Top Posters For This Question
4
2
1
Popular Days
Jun 30
4
Jul 26
2
Jul 28
1
Top Posters For This Question
Panther_8151 4 posts
Berta 2 posts
rentalguy1 1 post
Popular Days
Jun 30 2008
4 posts
Jul 26 2008
2 posts
Jul 28 2008
1 post
6 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now