In Need Of Some Motivation...

[Tampabud]

My claim was closed by clerical error, then re-opened with a new date of expected closure. The subsequent effects of my failed surgery with the V.A. resulted in a reasonable accomodation, which effectively dropped my annual pay by $15k.

I want what my family and I deserve from the idiocracy of the V.A. I have had my C&P exam, I have submitted all the evidence, yet I still haven't heard anything, and don't expect a response until August. These bills/child support suck.

Please drop me a reply that is motivational in nature, that would be awesome.

[Tampabud]

When I say August, I mean August of 2015. I opened this claim for increase in April of 2013.

[john999]

You can sue the VA for malpractice or when they make a disability worse.

[Berta]

"The subsequent effects of my failed surgery with the V.A. resulted in a reasonable accomodation, which effectively dropped my annual pay by $15k."

John is Right ( it is explained under our FTCA forum.

And/or you can file a Section 1151 claim, that is explained in both FTCA forums and 1151 forum here.

But "failed" surgery may or may not be the VA's fault.

If it arose from negligence/malpractice, the VA will compensate you for it.

FTCA settlements are a lump sum payment that is offset to any 1151 VA comp award.

Or do you mean you filed for a secondary condition due to the 'failed' surgery?

Do you get the 20% for the same disability the surgery was on?

If not you might well have to file 1151 or FTCA if the surgery was for a NSC disability.

In any event you will need medical proof ,in the form of a strong IMO, that you incurred additional disability at a ratable level ,due to the failed surgery.

If the C & P was done at a VAMC you can get a copy of it. It will reveal what the VA's decision might be.

With a copy you have time to get an IMO if you feel the C & P will cause the claim to be denied.

Edited July 16, 2014 by Berta

[Tampabud]

"The subsequent effects of my failed surgery with the V.A. resulted in a reasonable accomodation, which effectively dropped my annual pay by $15k."

John is Right ( it is explained under our FTCA forum.

And/or you can file a Section 1151 claim, that is explained in both FTCA forums and 1151 forum here.

But "failed" surgery may or may not be the VA's fault.

If it arose from negligence/malpractice, the VA will compensate you for it.

The damage was already done, they were unable to repair the labrum. They did, however remove all my scar tissue and muscle build-up that had encapsulated the original injury, rendering my arm fairly useless.

FTCA settlements are a lump sum payment that is offset to any 1151 VA comp award.

Or do you mean you filed for a secondary condition due to the 'failed' surgery?

Do you get the 20% for the same disability the surgery was on?

I am 10% bicep tendonitis (which is why I filed for an increase, turns out my shoulder is very bad) and 10% tinnitis.

If not you might well have to file 1151 or FTCA if the surgery was for a NSC disability.

In any event you will need medical proof ,in the form of a strong IMO, that you incurred additional disability at a ratable level ,due to the failed surgery.

If the C & P was done at a VAMC you can get a copy of it. It will reveal what the VA's decision might be.

I posted my C & P exam in the C & P exam section. It reflects a 30-40% rating based on the results from the appointment.

With a copy you have time to get an IMO if you feel the C & P will cause the claim to be denied.

[Navy04]

Sorry to hear of your troubles bud, but as we all Vets know the Govt does not rush for any of us. When I was medically retired last year, I did not receive any form of income for 6 months, and my wife is a waitress and does not make a lot. We almost starved and lost everything bud. Just when I thought it could not get any better, I was upped to 100%, approved for SSDI and started to get my Retro. Did you file an FDC claim for an increase? I have helped a lot of Vets with FDC claims, and in my experience I have not seen a FDC go over 16 months. God Bless you and your family. Good luck and keep us posted

[Tampabud]

I originally filed in April 2007 and was granted 10% service connected for bicep tendonitis. Over the years the pain remained, and I was finally given an MRI in the early parts of 2013. I subsequently found out I had a torn labrum with other related damage, filled in with scar tissue and muscle build-up. After the results were read to me, I immediately filed for an increase. The claim was closed in February of 2014, one month after my C&P exam which shows enough evidence to qualify for 40%. I called, I submitted IRIS inquiries and even went to the VA office at the Federal building in Los Angeles. It was determined that the claim was closed on accident, or clerical error. They re-opened my claim with a new expected closure date of August 2015. I reasonably expected them to put my claim back toward the top of the pile and go ahead and give me a rating... instead I get the same canned response of "it is under review, and with the current backlog, your expected closure date is blah blah blah"

I'm just frustrated. I would appreciate someone taking a peek at my claim and forwarding it to the deciding official for final closure on the subject. I have submitted all evidence, had the C&P exam etc.