VA total knee replacement requires revision within first year

[Falcon-6]

50 yo relatively healthy/active vet here.  had a total knee replacement for SC knee at the VA hospital about 11 months ago. My recovery was very painful and atypically poor relative to others I know who’ve had one. The knee is actually more limiting now than it was before the surgery. The VA ortho said it’s nerve pain, not mechanical. I went to an outside ortho (at my expense) for a second opinion. He says it’s unacceptably misaligned, unstable, and requires revision. So I’m scheduled for revision with the outside ortho using private insurance. My question is, can I make a claim for the temp 100% going back to 4 months after the original surgery (about 7 months)? I think it should continue until 4 months past the next surgery since I’m technically not recovered. If yes, how do I do that?

[Falcon-6]

On 6/8/2024 at 7:46 AM, broncovet said:

My advice is to file right away for the temp 100 percent mentioned byRattler, first: (That is, the temp convalescent 100 percent)

Then, after you fully review the records for revision surgery, file the 1151 here:

https://www.va.gov/disability/eligibility/special-claims/1151-claims-title-38/#:~:text=You can file a claim,get%2C or keep a job.   You will probably need an attorney for your 1151.  I doubt a VSO will be much help.  

SInce your knee was SC, I dont think you need to worry about whether the doc was a contractor or VA employee with the 1151.  There is another class of actions I think is called a Tort, and you would need an attorney for that, too.  

I do agree you should "tread lightly" when suing the VA.  Personally, I have never done it, BUT, I had to have TWO revision surgeries to my hernia repair done at VA, so Im considering some of the same things you are.  

My private practice hernia repair will be done on MONDAY, June 10.  It was done in community care where the same surgeon who did my surgery at VA referred me to private practice surgeon.  She said that I needed a revision surgeon who does robotic surgery, and VA does not have that.  

I am not sc for issues of my knee which required surgery, but am 100 percent.  

This is new ground for both of us (filing 1151 against va) and I have yet to decide if I will do same.  As of right now, I tend toward not filing against VA in my case.  My wife is a retired RN, and indicates that often hernias need revision surgery.  For me, "if" I get a good outcome from the revision surgery, I will not likely file an 1151.  

The way I see it is this.  While I did experience some pain, I know that VA does not really compensate Vets for "pain" which gets better over time, that is acute pain.  But chronic pain, that lasts over a long period, is different.  So if the revision surgery fixes my problem and I no longer have hernia symptoms, well, Im good.  But if it does not, and Im "damaged" by this, then I will likely go after them, mostly because I dont want doctors malpracticing on other Veterans because they got away with malpracticing on me.  

Thanks man. I too have had numerous hernia surgeries (10% sc by VA which is a shame because they are a plague).  So I feel for you. Best of luck with the civilian surgery. My wife is an RN too and even used to work at my VA. I know there are some great providers there so I don’t want to hurt anyone’s career unnecessarily. This is all great advice. Thanks again.

[Rattler]

On 6/7/2024 at 9:12 PM, Falcon-6 said:

Thank you. The surgery was just shy of a year ago (last June). The private doc confirmed the knee implant was misaligned by the surgeon (no evidence of post-surgical trauma). The knee was already 10% SC prior to the surgery and increased to 30% after the 4 months of temp 100%. 

As for the doctor, I don’t know if he was a contractor or F/T VA employee. His office and the surgery was performed at the VA hospital. 
 

My concern is if I 1151 the VA doc (assuming he isn’t a contractor), it will scare the private surgeon off. He is booked out seven months so the revision is scheduled for December. If he thinks I’m suing everybody, he might drop me as a patient and I really need this fixed. My knee is less functional than it was when it was bone-on-bone before the surgery. Is that fear warranted?

 

Also, any idea what the SOL is for the 1151? The SOL for civilian malpractice in South Carolina (my home) is 2 years from when you should reasonably have known there was probably malpractice. 
 

Thanks for sharing your knowledge and time.

1151 claim if you read the link broncovet posted is not a law suit, Its compensating you for the screwup.  What probably will happen is they will up your % on the knee. So it will not show up as a suit to your doc. I agree with broncovet that you should file for the temp SMC ASAP. I would not mess with a VSO on the 1151 claim. 

I got the same as you on the TKR, 30%.

On 6/7/2024 at 9:12 PM, Falcon-6 said:

Thank you. The surgery was just shy of a year ago (last June). The private doc confirmed the knee implant was misaligned by the surgeon (no evidence of post-surgical trauma). The knee was already 10% SC prior to the surgery and increased to 30% after the 4 months of temp 100%. 

As for the doctor, I don’t know if he was a contractor or F/T VA employee. His office and the surgery was performed at the VA hospital. 
 

My concern is if I 1151 the VA doc (assuming he isn’t a contractor), it will scare the private surgeon off. He is booked out seven months so the revision is scheduled for December. If he thinks I’m suing everybody, he might drop me as a patient and I really need this fixed. My knee is less functional than it was when it was bone-on-bone before the surgery. Is that fear warranted?

 

Also, any idea what the SOL is for the 1151? The SOL for civilian malpractice in South Carolina (my home) is 2 years from when you should reasonably have known there was probably malpractice. 
 

Thanks for sharing your knowledge and time.

1151 claim if you read the link broncovet posted is not a law suit, Its compensating you for the screwup.  What probably will happen is they will up your % on the knee. So it will not show up as a suit to your doc. I agree with broncovet that you should file for the temp SMC ASAP. I would not mess with a VSO on the 1151 claim. 

I got the same as you on the TKR, 30%.

On 6/7/2024 at 9:12 PM, Falcon-6 said:

Thank you. The surgery was just shy of a year ago (last June). The private doc confirmed the knee implant was misaligned by the surgeon (no evidence of post-surgical trauma). The knee was already 10% SC prior to the surgery and increased to 30% after the 4 months of temp 100%. 

As for the doctor, I don’t know if he was a contractor or F/T VA employee. His office and the surgery was performed at the VA hospital. 
 

My concern is if I 1151 the VA doc (assuming he isn’t a contractor), it will scare the private surgeon off. He is booked out seven months so the revision is scheduled for December. If he thinks I’m suing everybody, he might drop me as a patient and I really need this fixed. My knee is less functional than it was when it was bone-on-bone before the surgery. Is that fear warranted?

 

Also, any idea what the SOL is for the 1151? The SOL for civilian malpractice in South Carolina (my home) is 2 years from when you should reasonably have known there was probably malpractice. 
 

Thanks for sharing your knowledge and time.

1151 claim if you read the link broncovet posted is not a law suit, Its compensating you for the screwup.  What probably will happen is they will up your % on the knee. So it will not show up as a suit to your doc. I agree with broncovet that you should file for the temp SMC ASAP. I would not mess with a VSO on the 1151 claim. 

I got the same as you on the TKR, 30%.

On 6/7/2024 at 9:12 PM, Falcon-6 said:

Thank you. The surgery was just shy of a year ago (last June). The private doc confirmed the knee implant was misaligned by the surgeon (no evidence of post-surgical trauma). The knee was already 10% SC prior to the surgery and increased to 30% after the 4 months of temp 100%. 

As for the doctor, I don’t know if he was a contractor or F/T VA employee. His office and the surgery was performed at the VA hospital. 
 

My concern is if I 1151 the VA doc (assuming he isn’t a contractor), it will scare the private surgeon off. He is booked out seven months so the revision is scheduled for December. If he thinks I’m suing everybody, he might drop me as a patient and I really need this fixed. My knee is less functional than it was when it was bone-on-bone before the surgery. Is that fear warranted?

 

Also, any idea what the SOL is for the 1151? The SOL for civilian malpractice in South Carolina (my home) is 2 years from when you should reasonably have known there was probably malpractice. 
 

Thanks for sharing your knowledge and time.

1151 claim if you read the link broncovet posted is not a law suit, Its compensating you for the screwup.  What probably will happen is they will up your % on the knee. So it will not show up as a suit to your doc. I agree with broncovet that you should file for the temp SMC ASAP. I would not mess with a VSO on the 1151 claim. 

I got the same as you on the TKR, 30%.