Where do I start with this?

[Lfox]

I've been tdiu for 8 years now   (lower lumbar 20,right leg 10 pstd 70, bladder 30)

I was undergoing surgery for a service connected issue on my spine.  long story short, I had a stroke during the surgery and woke up incontinent, ED, headaches, high blood pressure. I've had to use catheters and pads for years now. I only found out a week ago that it was a stroke that caused these issues. The doctors had no clue what happened and where acting like it was some kind of medical mystery, even though i woke up paralyzed and bleeding internally. After that I was rushed back for emergency surgery. Because of some constant testicular pain my non VA neurologist did an MRI called me in and let me know that I had a stroke at this site. this was just a week ago. It's been 6-7 years since that surgery, I only claimed the bladder at the time not having any idea how to navigate the system and just being completely out of it.

What category would this claim fall under? It was a VA surgery that caused all this mess 

Is it pointless to claim chronic pain because I already have a mental rating?

is it malpractice? 1151?

thank you for the help

[broncovet]

Short answer:  We dont know if its 1151, we have not read your file.  

Im not sure its "medical malpractice" for the VA doc "not" to disclose stuff to you.  

I recommend you think about "what you have to gain".  

As far as new claims go, The only way to increase your compensation above tdiu is to get SMC.  Remember, if you have  a single 100 percent (TDIU counts here, per Bradley VS Peake)  plus an additional 60 percent, you should get statuatory SMC S housebound, which is about $370 per month.  

So, if you may get SMC S, or other loss of use (SMC) then apply.  You can just send in an application form.  

If you think you are eligible for an 1151, after a thorough review of your records and you can point to a time and day where your doctor malpractice d on you, then yes you can persue an 1151 claim.  Again, we dont know that without reviewing your file.  

[Berta]

I am a successful FTCAer and 1151 claimant.

The VA caused my husband to have a totally disabling stroke.

The FTCA and 1151 info you need to read is in those specific forums here.

This evidence might put you into the FTCA Statute if Limits criteria:

 " my non VA neurologist did an MRI called me in and let me know that I had a stroke at this site. this was just a week ago. It's been 6-7 years since that surgery, I only claimed the bladder at the time not having any idea how to navigate the system and just being completely out of it."

What was the Bladder rating for? Since they didnt assess you for stroke at that time?

The VA misdiagnosed my husband' stroke while he was in a VA hospital for it for more than 3 weeks.

I had to threaten his doctor  to give him a CT scan as he was not improving from the wrong diagnosis they insisted he had.and that revealed they has misdiagnosed multiple TIAs as well as the major stroke.By threaten I mean I told his doctor (who told me their CT scan was broke at time of his admission and had never been fixed ) that I would call my congressman immediately from the VA lobby public phone  to see why a VAMC has had a broken CT scan for "weeks".

The doctor as visibly upset and begged me to wait a few minutes before I called the Congressman.I had to call him before to get my husband admitted once.

Ten minutes later the doctor burst into the room and said a Miracle had happened and the CT scan was Fixed.

He was rated at 100 % P & T under1151, after

his death  for the 1151 FTCA stroke, as he had a 1151 claim pending when he died, that I assumed as the substitute claimant.

I proved he  had 4 malpracticed issues.I proved one of them caused a direct SC death.That award changed everything.

He was also rated 100% P & T for SC PTSD, but only ad 30% in his lifetime.

Evidence is everything and you surely will need a strong IMO/IME for the 1151 claim. I didn't have an IMO/IME for my widow's claim for stroke.or for my FTCA case.

But I practically had to become a doctor to succeed without  IMO/IMEs -as the internet was very limited in those days.

Your non VA neurologist might be willing to prepare a strong IME for you but- it must conform to the IMO/IME criteria here in the IMO forum.

They will need all of your VA medical records.

Also you might want to check out the "Provider's" post I made here to see if the surgeons etc were actually VA doctors.

For years the VA has been hiring federal contractors , who appear to be VA doctors etc, but they are not liable under FTCA.

Va's malpractice pay outs are so costly every year , that I believe this i why VA decided to allow federal contractors to replace VA doctors who are actual VA employees.

 

 

.

Edited January 9, 2021 by Berta