Total knee revision

[Miguel]

I had right knee replaced at Asheville N.C V.A 5 with years ago.Last month it began to feel like it did before the surgery,today Civilian Doc ordered a bone scan because it is loose,itwas will provably require revision. Question: this is not service connected , but I seem to have read that becauseI this happened at V.A  I can request compensation by way of applying for a disability? I find this forum informative and reference made to filing an 1151, am I understanding this correctly?

[Berta]

A revision is to correct something, and might allow you to be in the same physical situation you were in ,before last month, before you noticed something was wrong.

We had a similar question here recently and I could not find any 1151 decisions on revisions at the BVA web site.

I will check again, at the BVA, but Section 1151 requires this:

A proven VA Medical error  and

an additional documented disability, caused solely due to the medical error ,and  ratable at least at 10%.

 

 

[Berta]

to add- this is still, as far as I know, a lawsuit for knee revision surgery- but it is against the makers of the original implants:

https://www.drugwatch.com/knee-replacement/lawsuits/

If you google( knee replacement revision lawsuits), you will find more lawsuits.

This law firm seem to handle knee replacement problems for veterans:

https://veteransbenefitslawfirm.net/blog/2020/02/05/va-disability-issues-for-veterans-in-need-of-knee-replacements/

However , I think revision surgery of this type is not too unusual, as knee implants can wear out.

The initial surgery you had apparently was a success,but the maker of the implant might be the culprit and possibly you could get into one of the class action lawsuits.

 

[broncovet]

I had a TKR done at VA.  No, my knee was not SC "even tho" I fractured my knee in service.  

You will need to get your medical records (at VA) and probably have them reviewed to determine if there was "medical error".  

Remember, "medical error" is just "one" of at least 3 possible reasons for the problems with your knee:

1.  The knee device was defective.  

2.  You did things to your knee which caused it to fail.  A few examples are:  

       A.  You didnt follow up with physical therapy.  

       B.  You stressed it beyond the recommendations, such as you made airplane jumps, fell off a ladder, etc.  

       C.  You did other things deteriorating your health, such as smoking, excessive alcohol or drugs, poor nutrition, etc.  

3.  And, of course, the doctor making mistakes in pre surgery, (such as failing to properly prepare and screen you for surgery..not everyone should have it!) surgury, or post surgery follow up.  

      To show this was medical error, you may need to show this was medical error, and not your error(s), or a defective device.