Can I File A Claim For This?

[mrstix]

When I was in the Air Force, I had to have my Gall Bladder and stones removed at my local hospital "Emergency Operation". I was full of paranites on I V for 4 day's befor the Doc could operate. There are 4 pages of this in my SMR's. This was done

Sept 11th 1989, is it to late to file for it? The Doctor said it was to risky to try and make it to Wright Patterson AFB. So they did the operation here.I have a 10" long scare and still to this day I have weird feeling there, and suffer from IBS, and constapation.I got my C- file and ran across this and was thinking if I could file a claim on it.

Thanks to all

mrstix Msgt USAF 25 years Retired

70% SC

[huskerfanfl]

You can and should file for this. I am not sure about the percentage, but removal of body parts while on active duty is service related and compensable

[mrstix]

Thanks for your reply,huskerfanfl. Is there anyone here with this type claim? If so what was your outcome? If you don't mind me asking.

Thank you, mrstix

[simple fly]

interesting post.may i hang on and reply with my experience?

i was being treated for chemical burns and the docs in germany found what they said was a lump on my right shoulder and it needed to be removed.so they cut me open and dug around for an eternity.sewed me back up and my medical records read"unable to find cyst "

it was there when they shot me up with the anethstetic........so now i have a big scar and the worry that somewhere in my body is a lump that moves at will.......do i suspect a movie plot here or a claim??

[lbrady]

You could apply for the scar and discomfort. I think it's 10%. I have 10% on scar that makes wearing a bra painful.

[simple fly]

they would laugh me out of the room for that one!!

[john999]

Have you received treatment for the condition since the service? If a doctor will say that the IBS and other conditions were caused or aggravated by the surgery, and you can show a history of treatment along with current diagnosis it might be a good claim. It has been almost 20 years since your treatments in the military. You have to show a nexus between that disease or injury and current conditions. You can get something for the scar, but the other conditions you need to show a nexus. When was the last time you were treated or examined for the "weird feelings in your gut"?

[huskerfanfl]

For Gall Bladder Disease (Including Gall bladder removal): Episodes of colic or other abdominal pain, distention, nausea, and / or vomiting. Include a statement on frequency of attacks (number within past year). Provide statement as to what x-ray (or other) evidence supports diagnosis of chronic cholecystitis. Include current treatment - type (medication, diet, etc.), duration, response, side effects. For Gall Bladder injury, refer to Stomach, Duodenum and Peritoneal Adhesions worksheet.

7318 Gall bladder, removal of:

With severe symptoms 30

With mild symptoms 10

Nonsymptomatic 0

[mrstix]

Thanks for your replys everyone, have agood day.

mrstix

[purple]

Hi,

Good question. I also have 10% for various scars....I also have either 10 or 20% for "loss of a creative organ" i.e. ovary. I'm not sure that you can get a % for the removal of any organ (things like gallbladders, tonsils, appendixes) are organs we can live without (I've had my gallbladder removed as well). So not sure about that.

But go for it if it's caused you problems since the surgery...and the scar(s).

Good luck....keep us posted!

[vaf]

Scars resulting from surgery are to be rated separately from the surgery. We're still fighting this one on an initial claim filed in 1994 for a diverticulitis surgery, and resulting incisional hernia repair surgery that occurred during enlistment. The conditions were rated at 0%, but there was no separate rating for the ten-inch abdominal scar, and this is now part of the argument behind the writ of mandamus request we filed with the Court. So make sure you point that out to the VA in your claim, that you're entitled to a separate rating for the scar.

[mrstix]

I had my C&P Thursday for my gall bladder surgery went well.When the Doc seen my scar he said whow that's a big scar, how long where you in the hospitel, told him nine day's with complacations, he said it looks like you did???? He asked me about the feeling I have around the scar, he said it was nerve damage. Then he measured the scar with a tape 7 1/2". Then he asked me about my acid reflex, constapation and hemeroids. He more or less said these are common side effects of this type surgery.

So all in all I think the C&P went pretty good, he did a lot of writeing and asked a lot of questions. So I guess time will tell. I'll let you all know what my decission is when I get it.

Thanks take care , mrstix

[mrstix]

Any comments please?

Thank you

[LarryJ]

Any comments please?

Thank you

Comments:

You need to get yourself a copy of your C&P.

Give 'em a week or two.

Go to the Medical Records Department.

Tell 'em you need a copy of ALL your past medical records.

They'll give you a form to fill out (Freedom Of Information).

Fill it out.

Hand it to them.

Wait a few minutes.

Take home your copy.

Read it.

Then you'll know.

[cowgirl]

Hello, did you check the exam worksheet to see if most of the items on it were covered? Also do get a copy of the exam notes that'll help clarify what was covered. Didn't apply for scar here but got 10% on my first claim.

Best

Cy

[mrstix]

Got decission letter today,SC granted for gall bladder 0%, SC granted for scar 0%.

The resadues were denied. I thought for sure I'd get at lest 10% for the scar!

I know others have. I'll check with my VSO after the 1st of the new year.

mrstix

Retired Air Force 25 years Msgt

70% SC

[Berta]

This BVA case and many others there show the various criteriae for rating scars:

http://www.va.gov/vetapp08/files3/0818776.txt

Also the Schedule of ratings might have more info but I think this decision covered it all.

If you feel your scar meets a higher criteria, by all means NOD the decision and tell them why the medical evidence (even a photo might sure help here) would show you should be rated higher.

[vaf]

You may consider trying to obtain an independent medical opinion from a local, board certified plastic surgeon to contest the scar C&P. Include a copy of his credentials, easily found online, when you submit the evaluation.

These guys work on a lot of scars, so they're in a great position to evaluate them effectively. We did that, but are still waiting for the results (this was on remand from the Board, who now has the issue back in its lap again). The doctor conducted a 1/2 hour examination, vs. the less than two minute scar exam my husband received during his C&P.

The exam was for a ten-inch long linear scar that resulted from a service connected case of diverticulitis, which then caused a resulting surgery for an abdominal hernia repair during active duty, which then caused a later surgery for hernia repair in 2004. The scar is ten inches long, about 5 centimeters wide at its widest point, and 2 centimeters wide at its narrowest point, and still causes soreness and limitaton of motion when sitting still or laying down for any length of time. The AMC handled the rating on Board remand, and just sent back to the Board its denial of service connection at all, let alone in any amount.

We sent in some very graphic pictures, in color -- 8 x 10 inch glossies, which of course they never acknowledged receiving and never discussed in the decison. But we know they have them, because they acknowledged their existence when responding to the Court (this was part of our writ of mandamus request).

Berta's right, nothing says it better than a photo...