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1151 Question

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I recently had surgery at the VA and during the anesthesia process a chunk of my gums were remove and my jaw bone became exposed due to the tube they put down your throat for breathing. The surgery was not an oral surgery required any removal of my gum tissue. This has happened 22 days ago and the gums have not healed. It is painful and I am restless. I went to the dental office and they said they haven't seen anything like this and that I may need to see an oral surgeon. I told my VA rep about it and she mentioned filing a 1151 claim. So I am asking Hadit for your take on the situation and thing you would do in my case. Thanks in advanced.

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"I told my VA rep about it and she mentioned filing a 1151 claim."

She is right

We have lots of info on 1151 claims in our FTCA 1151 forum below.

If the VA causes any vet to incur a ratable disability (ratable at least at 10%) due to medical error, the vet should file 1151 and will succeed on it. or should succeed on it. Even a 1151 'as if' SC "0" rating is better than no 1151 rating

Unfortunately these days it is almost imperative for 1151 vets or their survivors filing under 1151 to seek an Independent Medical Opinion.

Something like this error, in the long run could cause additional problems, even infections.

As a 1151er myself I learned that one single med error can have a major snowball affect in some cases.

I tried to get a dental IMO for one of my claims but dentists dont really understand IMOs.

I was able instead to rely just the VA med recs from dental.

The IMO criteria is here in our IMO forum....on the other hand I don't even think you need an IMO.....

This medical error should be well documented in your records.

But VA is good at putting the spin on 1151 issues.

I suggest you get copies of all of those current records to include dental as well as the surgical records.

Hope you have prior dental records, even if from a private dentist because VA might try to say the loss of gum tissue preceded the surgery and was not due to it.

VA can come up with some incredible 1151 BS....hopefully maybe they wont in your case.

Dont tell them you are requesting the med recs due to a potential 1151 claim.

Because that is when the MF shows up (MF mysterious force who removes stuff from the files until they deny and then the MF puts the stuff back.)

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I do suggest you consider the 1151, but it may be premature. Why? Well, its too early to tell what, if any, permanent damage this may cause you. So, relax and see what happens:

Either this may heal up after all, and an 1151 may not be necessary/productive, or

You can sue for some permanent damage.

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His jaw bone is exposed......I think an oral surgeon will have to sew up that part of his gum....if there is enough to sew up.

Jfizzle Did VA give you any antibiotics to prevent infection?

I had oral surgery once and went swimming in the Delaware River a few hours later.....

My dentist was alarmed I did that because he feared an infection.would have been worse than the surgery.

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The bone exposed is about the size of a dime on the lower right part of my jaw under where the 3rd molar would be (wisdom tooth area that was pulled years ago) and aligns where my tongue rests. I have not been given any antibiotics. I was just told to rinse with salt water often and if my jaw swells to come back. I don't want it to get infected and I have been taking vitamin c pills. I am to avoid acidic foods which seems to be all fruits.... I really don't see an improvement beyond my surgery day. I am currently seeking an oral surgeons second opinion.

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"I am currently seeking an oral surgeons second opinion. "

The documentation alone from that consult might well be enough for a 1151 award.

You literally have an open wound and the VA did not prescribe antibiotics.......that is disgraceful!

There is plenty on the net to show this is not a normal or standard medical SOP:


Good thing the VA doc who said just to rinse with salt didn't treat service men or women injured in the field (or maybe they did)

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