Is This A Claim?

mrstix · September 10, 2006

Good morning

While in the Air Force I had to have emergency Gall bladder and Gall stones removed. It was pretty bad, on IV drip for 4 day's before they could opperate, full of parinitis poison. Nice size scar with 14 staples, in the

hospital for seven day's, on sick leave 6 weeks. Had the operation at my home town hospital, I was in no shape to make the trip to Wrightpatterson in Dayton Ohio, our nearest Active duty Base. The bill was almost $18.000, it was paid in full, by the Air Force. Acording to CFR:38 (7318) Gall bladder removal of: with sever symtoms, It sounds like I can, but I want some opions first from you all.

Thanks for all of your help

mrstix USAF 25yrs Retired Msgt

vaf · September 10, 2006

Just my opinion, I'd file a claim not only for the surgery, but also for the scarring (sounds like you had the old-fashioned surgery, not the laproscopic, correct?). Plan on taking some pictures to include with the scarring claim.

Did you suffer any ongoing side effects from the gall bladder surgery, like reflux or anything else?

Have you had your physician check for any herniation of the incision? If there's any indication you are developing a hernia, you should also file a claim for that.

After all these years, you might be having more problems dealing with the scarring than anything else, unless you are having some gastric or digestive problems directly linked to the removal of your gall bladder.

You waited over a year from the date of your retirement from the USAF, so this will be not be presumed service-connected, and you'll have to prove the connection.

You'll need your medical records related to the surgery, plus your military medical records, to see if there's any mention of symptoms contained there as well.

You'll have to show some current chronic problem that exists today as a result of this surgery that occurred while you were active duty. More than likely, if the VA grants the claim, it would be effective upon the date you filed the claim, so the sooner you file it, the better.

An independent medical opinion from a board certified physician who treats you would be helpful to draw the connection between any currently related problems you have to the gall bladder surgery. Give him a copy of 38 CFR, Part 4, related to gall bladder and scarring, and have him find where you are in the listed criteria.

But please get those records, if you don't already have them. You should also get hold of your VA medical records, if you've received any treatment there.