Rtkr

[gerard]

I had a total knee replacement from the va on March 11, 2015. My leg is worst than before surgery. I have major pain and can't been leg to 70-80 degrees back and 10 degrees forward. I can't work, hurts to walk, use a cane, and I can't drive. I have gotten a second opinion and I need a revision. Can I file a tort claim against the Va. I could do things before now I am completely limited and major depress cause of this surgery.

[broncovet]

Berta is the expert on 1151 claims, which is medical malpractice for VA.

It may be too soon, however, to know if you are worse or not..surgery needs time to heal and you may not have given it enough time, as it surely gets worse before it gets better.

If this is due to sc conditions, then you can file for TDIU, if you have not already. Are you on "temporary" 100 percent after your surgery?

[Navy04]

I feel your pain bud, as I too have had a few knee surgeries with more to come. Truth is you have to wait a while and see what happens. My best bud had Hip surgery a month ago and he is having a lot of knee and back problems know. Docs told him to wait atleast 6 months to finish re hab first, and then allow the swelling to go down. You need to give it a few more months. Good luck and God Bless

[georgiapapa]

You can file a FTCA claim by completing and submitting form SF 95 to the VA. Your claim must be filed within two years of the date of your injury. Unlike a 1151 claim where you would receive monthly disability compensation if you win, you would only receive a lump sum payment if you win your FTCA claim. I would suggest filing a 1151 claim. Like broncovet said, Berta is the expert on 1151 claims and she will give you good advice.

GP

[Pete53]

If you win a 1151 claim you can also be service connected for the injury,

Welcome to Hadit.

[Berta]

There are many claims at the BVA for 1151 due to TKR ,that have been denied , and some are on remand but some have succeeded:

ORDER

Compensation benefits pursuant to the provisions of
38 U.S.C.A. § 1151 for the residuals of left total knee
replacement (arthroplasty), resulting from medical treatment,
specifically, surgery at a VA medical facility in September
1991, are granted.

http://www.va.gov/vetapp99/files2/9915832.txt

Also there have been lawsuits and recalls due to faulty knee replacement devices:

https://www.torklaw.com/medical-device-claims/zimmer-persona-knee-implant-lawsuit/?gclid=CJiwrtjboMYCFREoaQodILcA0Q

http://www.drugwatch.com/knee-replacement/lawsuit/

http://www.yourlawyer.com/topics/overview/depuy-knee-replacement-recall-lawsuit

However, TKP takes time to properly assess, and to heal.

Yet you said you got a 2nd opinion and need a "revision".

Did this opinion come from a non VA doctor and also, did this doctor find fault with the way VA did the surgery?

Or with the type of knee replacement devise they used?

Can you scan and attach the documentation from this doctor on that here? Cover name, address etc prior to scanning it.

If you file under 1151 or FTCA you will need a strong Independent medical opinion that you did not receive proper medical care (with a full medical rationale) and also that the VA medical errors caused you to have an additional ratable disability due to their errors.

Is the 'revision' surgery going to be done outside of the VA?

Edited June 21, 2015 by Berta

[Berta]

Just to clarify...a 1151 disability is called "As if "service connected and they rate it the same way they do direct service connected disabilities.

However if a vet dies due to a 1151 disability, causing or contributing to death, the spouse will receive DIC..

.

But no ancillary benefits of CHAMPVA and Chapter 35 for any dependents.

So this means VA can kill a vet with piss poor health care, but ,only if a different direct SC documented disability is rated at 100% P & T prior to, or posthumously by VA, then and only then will the dependent survivors get CHAMPVA and Chapter 35..