Where To Start? Do I Qualify?

[Tampabud]

Hello everyone...

I had service-connected surgery in June of 2014 on my left shoulder. The surgery was a "failure" as my labrum was found grossly unstable and not amenable to repair. I am in law enforcement, but as a result of the bungled surgery and subsequent "cleaning" aka removal of existing scar and muscle tissue that held everything together, my shoulder now is painful and worthless, and the doc won't sign me off to return to duty.

To make matters worse, I requested an increase on my rating as the original rating stated I had a shoulder sprain with bicep tendonitis - 10%. They had misdiagnosed me and it turned out a lot more than that. On February 24, 2014 they closed my request for increase without even addressing my claim! Like, they just closed it! Manila envelope that came mentioned absolutely nothing about my shoulder.

As I type this, I am awaiting placement into a "desk job". I am losing quite a bit of money in overtime, and the surgery has rendered my B.S. in Criminal Justice near worthless. My operational days of law enforcement are over. What are my options? Do I qualify for vocational rehabilitation? I would just as well get my Masters if possible in a field that will be worthy.

Other than that, I have no idea what to do. The DAV has been horrible and worthless, the surgery left me in pain dammit, and man am I losing money. Suggestions please! Do I need a lawyer? Recommend one! Thank you in advance for taking the time and reading this, I have no idea how to deal with the VA, and realize most any experience has left me frustrated and ready to donkey punch everyone at regional.

[john999]

You might want to see if you can hire a VA lawyer. If you have a disability that affects your ability to work you should be able to get vocational rehabilitation. I also had a failed shoulder surgery. One surgery was enough for me considering the rehab. I qualified for vocational rehab but I was about 50 years old working for the postal service. I was making about 50 grand a year and I could not see me going to some school with my other physical problems. If you are younger than 40 I think vocational rehab makes sense. The best work for disabled people is usually self-employment of some sort. Maybe you could get a disability retirement and pursue something like that. If you are able to do a sit down job you may have a hard time getting TDIU or SSDI.

John

[jbasser]

1151 claim or a tort claim. Tort in California, Maybe not so good. You have time limits,

J

[Berta]

"I did have an exam in January, the doctor agreed that my arm was "buggered" even noted the numbness in my hand from the surgery. He also wrote a letter for my employer regarding the failed surgery and that it would be permanent. "

I hope you have a copy of that letter. If he gave a full medical rationale (or would be willing to expand on what he said in the future-if needed-) that letter is GOLDEN! as it is documented proof that the VA caused you additional disability due to medical screw up.

I had a Peer review 6 page report done by the VA, within months of filing my FTCA/ Section 1151 claim. The Peer doctor supported my charges with a full medical rationale.Regional Counsel here in NY wanted to settle with me right away.

Then the RC, the Peer review doctor and the report 'mysteriously disappeared' and I had to proceed with those claims for the next 2 years without.When I attempted to get it, VA told me it had never existed.

I found it in my C file in 2003.

My point is ,particularly 1151/FTCA issues Get copies of everything and save them.

For FTCA and 1151 , at least in my case, the VA employed the MF

(Mysterious force) who removed my good stuff from the C file ...........

but put it back after my case was resolved.

"It was not forwarded elsewhere for consideration either, just closed, period."

Did this rep put in an IRIS request for you?

If they said they did I would put one in myself......VA reps said they put in IRIS requests for me over a year ago but I have heard nothing....

[Tampabud]

I got an email this morning, it specifically states they never recieved a claim on my shoulder, but that they will accept an "informal claim", as long as I file by March 4, 2015. I'm livid that I waited and had surgery and post-op and even an exam, to hear that they never recieved my claim. WTF

The email came from:

D. Dickey

Assistant Veterans Service Center Manager

[Tampabud]

Attached is the letter from the VA. Keep in mind this was submitted for evidence, along with the surgery report, and a permanent disability letter from The DoD flight surgeon.

I am rated 10% for shoulder sprain and bicep tendonitis, which was a mis-diagnosis.

VA letter Jan 20140001.pdf

Edited March 13, 2014 by Tampabud

[Tampabud]

From the flight surgeon's office. The permanent paperwork.

Baylis Permanent Medical Restrictions.pdf