If A Vet Has Surgery And A Condition Gets Worse

[retiredat44]

If a vet has surgery and a condition gets worse.

Example:

I had lived with illness from intestinal disease and was also already rated at 50% fror chemical exposure and illness from when I was on acticve duty. But I had a cyst on my pancreas, 25 years after I was dishachaged. I just recently had sugery at the VA hosptital to remove the cyst. It deleveloped into full blown necratizing pancreatitis with many complications from the surgery.

Does the necratizing pancreatitis count as a condition as if it happened on active duty or does it not count as service related.

I am curious, as I was readfing about surgery and medical conditions, and whether they are service related or not, and can be if they are done while under care at the VA hospital.

thanx..

I hope I did not make this confusing..

:)

[*Bergie*]

If a vet has surgery and a condition gets worse.

Example:

I had lived with illness from intestinal disease and was also already rated at 50% fror chemical exposure and illness from when I was on acticve duty. But I had a cyst on my pancreas, 25 years after I was dishachaged. I just recently had sugery at the VA hosptital to remove the cyst. It deleveloped into full blown necratizing pancreatitis with many complications from the surgery.

Does the necratizing pancreatitis count as a condition as if it happened on active duty or does it not count as service related.

I am curious, as I was readfing about surgery and medical conditions, and whether they are service related or not, and can be if they are done while under care at the VA hospital.

thanx..

I hope I did not make this confusing..

:)

Retiredat44,

Unless it is a SC'd condition, I don't believe it is compensible. Now if you're having surgery on a Sc'd condition than you can receive a temporary increase to 100% during convalescence.

Hope this helps,

Bergie

[retiredat44]

Retiredat44,

Unless it is a SC'd condition, I don't believe it is compensible. Now if you're having surgery on a Sc'd condition than you can receive a temporary increase to 100% during convalescence.

Hope this helps,

Bergie

it is a permanent condition.. so it all boils down to if it is SC.

thanx..

I guess I will find out in the coming months in my appeal..

===========

convalescence definition con·va·les·cence (-ləs′əns)

noun

1. gradual recovery after illness
   
2. the period of such recovery
   

Edited March 22, 2010 by retiredat44

[Commander Bob]

If a vet has surgery and a condition gets worse.

Example:

I had lived with illness from intestinal disease and was also already rated at 50% fror chemical exposure and illness from when I was on acticve duty. But I had a cyst on my pancreas, 25 years after I was dishachaged. I just recently had sugery at the VA hosptital to remove the cyst. It deleveloped into full blown necratizing pancreatitis with many complications from the surgery.

Does the necratizing pancreatitis count as a condition as if it happened on active duty or does it not count as service related.

I am curious, as I was readfing about surgery and medical conditions, and whether they are service related or not, and can be if they are done while under care at the VA hospital.

thanx..

I hope I did not make this confusing..

:)

Does the VAMC report that the infection was caused by the VAMC surgery? Is there permanent damage to your pancreas? Have you talked to a VSO?

[Philip Rogers]

retiredat44 - I think Berta can best answer this. If you file an 1151 claim and win it'll be SC. Or you can file a federal tort claim, of which I cannot at the moment think of the actual name for it. Brain cramp. I believe you have 2 yrs from the date you knew of the error/injury.

pr

If a vet has surgery and a condition gets worse.

Example:

I had lived with illness from intestinal disease and was also already rated at 50% fror chemical exposure and illness from when I was on acticve duty. But I had a cyst on my pancreas, 25 years after I was dishachaged. I just recently had sugery at the VA hosptital to remove the cyst. It deleveloped into full blown necratizing pancreatitis with many complications from the surgery.

Does the necratizing pancreatitis count as a condition as if it happened on active duty or does it not count as service related.

I am curious, as I was readfing about surgery and medical conditions, and whether they are service related or not, and can be if they are done while under care at the VA hospital.

thanx..

I hope I did not make this confusing..

:)

[Berta]

Philip is correct .If the VA was negligent in any way that caused this NSC disability- you should file

a claim under Section 1151, 38 USC (and as he said you could file FTCA claim as well)

There is a lot of 1151 and FTCA info under those forums here.

“I just recently had sugery at the VA hospital to remove the cyst. It deleveloped into full blown necratizing pancreatitis with many complications from the surgery.”

If this was a possible outcome, maybe the VA was not negligent- not enough info here to really know-

but if this was an unforeseen event, due to negligence, the VA will service connect the extent of additional disability that you have due to their medical error.

Negligence is always found in the paper trail of medical records.

It is not easy to find evidence of negligence-but if the VA committed medical error-it will be evident in the clinical record.

Claims like this should only be filed once the vet has copies of all the VA medical records available.

That way the VA cannot remove or misplace anything that could show negligence.

[Vync]

If a vet wins an 1151, what's the result?