Valid Complaint?

[pwrslm]

Hi Im new here. Thanks for having me.

I was set up with the VAMC Apr 14. First time since I left the Army in 84 that I had any real heal care. Back problem from service still is an issue, first time out, brought to the attention of my PCP. She gave me a tube of "stuff" to rub on my back, and that's all. Fast forward, 6 months, notified her on that next visit that the back problem is still there. She didn't say anything, no physical contact, no exam nada. Next thing I know, appointment for Phys Therapy comes in the mail so off I go.

PT gives me the going over, tells me that hyperextension of my back will help me. OK, Im game. First trip back, a week later, I have tingling down my left leg. I tell PT, who instructs me to go farther back, extend all the way back like a push up, but keep my pelvis on the ground. I trusted the PT knew what was going on, so I did. Next trip another week after, twitching in my leg and foot started, reported to PT. PT said keep hyperextension exercises up, and put a rolled up towel behind my low back when I sleep, and a pillow under my knees.

Next visit, I found out my PCP left town. The PT fed me a line, asked me if its good as its gonna get, I said aye, it is. Discharged me, with my tingling leg and twitching foot. Told me keep doing this exercise for the rest of your life. I said ok, but really felt like I was dumped.

Fast forward, the symptoms in my left leg got worse over the next month, foot drop, weakness, new pain central back, so I stopped the hyperextension, see if it would heal. But it got worse, 60 days later, Im a walk in at the clinic. They sent me to xray, and got me an MRI. I also got a prosthesis for foot drop. Turns out Ive had advanced arthritis in my facet joints for a while. The hyperextension jammed them, now I have 3 discs herniated and stenosis. Not sure how far the disc problem was all along, but nothing in the world outside of a crystal ball could tell anyone. Needless to say, it was probably an existing condition.

The question; Does this classify as a valid aggravation of the existing condition, and exactly how should VA personnel handle this issue once they become aware that I may have been harmed by treatment.

The 3 Surgeons Ive talked to all say I need surgery, L3 to S1 decompression and fusion.

Edited July 10, 2015 by pwrslm

[Berta]

"For the purpose of pyramiding, if a SC rating is for back problem with sciatica, and the 1151 is for sciatica, as they aggravated the condition making it worse, that would be prohibited then no? "

I dont see how they could pyramid a 1151 to a SC, rather they might combine it with the SC.(making it all part of the SC)

But I hope others chime in here because that is a good question.

The Section 1151 rating would only be for the extent of the aggravation..

[pwrslm]

I think that's what is going to happen in my SC Claim. I put the whole thing into the SC basket so to speak, using all of the new symptoms as secondary to the SC condition.

[pwrslm]

I seems like every point I get to, the VA is trying to hide the fact that I got hurt. They don't want to do a report that events occur. They don't want to place any notes in my medical file that something they did caused or aggravated my condition. They send me to specialists who put false and misleading information in my medical file.

I am getting really fed up with this business.

[63SIERRA]

heres the deal,,, the PCPs dont want to get any testing done on spine and neck conditions because back and neck issues are bad mojo.. expensive and chronic lifelong conditions are usually the case..

The va will try and act like they JUST NOW found the condition, even though it was in your medical history from service.. they will play stupid, and try to say it was a NATURAL DEGENERATIVE DISC DISEASE.. and in no way related to your service injury.. Dont go for it.. the va is trying hard to lessen the permanent type service connections that can never be reduced . It took me 3 years to get an Mri,, THEN they stilkl lied and I had to go to an outside doc to get the truth.. what the va was labeling as "back pain> was several major spinal conditions.

Edited July 26, 2015 by 63SIERRA

[pwrslm]

They sent me to phy therapy and the PT had me doing the wrong excercises. Up to that point my back pain was manageable, I knew I needed proper evaluation, they refused to send me to see ORTHO or give me xrays. After PT, my legs started getting weak and I had foot drop. They want to play like they had nothing to do with causing it.

You are right on the button, they try every angle to evade responsibility, even to the point that they violate strict guidelines governing how they handle incidents/events when someone gets hurt. I pulled up VHA handbooks on the subject and they act like the handbooks don't even exist.

[63SIERRA]

I went thru this exact same portal as your going thru.. Heres what you must do.. get your MRI disc and go pay 200.00 or less and see a back specialist,, have them blind read the MRI, and tell you exactly what the problem is,, dont give them the report from the VA.

Once you get the outside independant report, go to your primary care doc, and shove it in thier face and insist they add it to your problems list. Then insist you get proper care.

On ce you have established factual medical documentation, then you can see if the VA followed the proper standard of care protocols.. If not, you can file an 1151 claim for malpractice.. you cannot sue the govt, until they have been given a chance to settle with you first..