Outside Va Ortho Doctors

[chief 313]

have had right ankel problems since injury in vietnam,local va took x rays va ortho said northing wrong with your ankel. ankel went to sleep could not walk. finally went to outside ortho . dr lewis ordered a mri results hair line frature ankel. you need sergry on it. va deined my claim on this ankel . cant wait till my dro hearing to show them the results. cheif 313

[john999]

Chief

The reason the VA did not do the MRI is simply because they are too cheap. You should file a section 1151 if you have suffered any additional disability through the VA's malpractice. I would not trust the VA's orthopedist for anything since all they think about is saving money for the VA.

[Berta]

John is right Chief-

If I were you I would hand the DRO (if the hearing is soon)(and get it VA stamped) or mail this certified with tracking slip to this VARO:

This is a claim under Section 1151, 38 USC.

I believe that my medical records from the VA and subsequent private medical records from Dr. Lewis,which I will obtain and send in support of this claim, will reveal that the VA has been negligent and the VA has caused me additional disability.

(It would be good to attach and refer to copies of those records if you have them and just change the wording of this claim)

[LarryJ]

Kinda reminds me of my situation.

The Corps booted me from the service because of me going to sickbay and then to Navy Hospital Balboa because of the fact that when I injured my ankle they took an xray of it and found that it had been broken before service (and healed without any complications or residual conditions, but they simply overlooked THAT fact)........ah hah, no service connection, pre-existing condition, get the heck outta here........

Come to find out, they sent me home on crutches..........with a broken tibia....that did not show up on xray simply because of the fact that when they took their xray, they did not "shoot the film" high enough up my ankle/leg for the broken tibia to appear on the xray.

So, I tried to walk around for MONTHS before it finally just healed itself, and not too neat of a job of healing at that.

Nothing like walking around for a year on a broken leg/ankle.

Thanks, guys. Appreciate the heck out of that.

[Berta]

Larry - this is why the Feres Doctrine Sucks.

The mil can bugger someone and they have no recourse.

If the VA had done the full X rays and then misinterpreted then, then you would have had basis for Section 1151 claim too- no time limit on Sec 1151 claims.

But it sounds to me like the VA actually discovered the problem.

[LarryJ]

Larry - this is why the Feres Doctrine Sucks.

The mil can bugger someone and they have no recourse.

If the VA had done the full X rays and then misinterpreted then, then you would have had basis for Section 1151 claim too- no time limit on Sec 1151 claims.

But it sounds to me like the VA actually discovered the problem.

Naw, Berta, the VA didn't discover it. My private doc and his radiologist associate finally figured out what the problem has been for years. Actually, the first set of films that they took of my ankle, they also failed to shoot the pics up far enough on my leg/ankle, by about 1/2", but he got to feeling around and says "what the heck is this bump right here?" and I says "heck I don't know, it's been there ever since I got home from the Corps.........". He says, "musta come down pretty hard on that foot, huh....?" I says, "No shi*, Manard"!

And, that's about where this chapter of this saga started....................