Posted on May 30, 2014
PFC Thomas McEwen
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I was injured at work that required neck surgery. The surgery was successful. However, 10 years after the surgery I was assaulted by two people and I was hit in the head around 10 times. My neck was injured and required surgery once again. I did not have private insurance and was treated at the V.A. Hospital in San Antonio, Texas. After an six hour surgery, I was fitted with Two rods, twelve screws, and a plate. A month after my surgery, my left hand was paralyzed. My Surgeon guaranteed me I would regain full use of my hand after six months. The strange part was he wanted to perform surgery a month after my initial surgery. I know that he made a mistake during my first surgery and tried to correct it. Sadly, I agreed and the surgery did not help me regain full function of my left hand. The surgeon said I would never regain full use of my hand and I was permanently paralyzed. I put a claim for service connected disability because my Dav said because it aggravated my injury I would be able to make a claim. Surprise, surprise, they denied my claim. Do Y'all think I had a right to put the claim in or not? By the way, I am 70 percent disabled due to Ptsd. I welcome all responses. Thank you.
Edited >1 y ago
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Responses: 14
CWO3 Retired
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Thomas, First of all the DAV NSO shouldn't have informed you that you could qualify for service-connection because of your current injury didn't happen until after the military. Right? Secondly he should have advised you to seek Federal Tort Case, 1151 Malpratice law suit for the injuries occured during the VA surgeries that made you paralyzed by the VA. I would seek advice from a professional lawyer who deals with 1151's. Good Luck. JK
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AN Carolyn L.
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Edited >1 y ago
you can sue for malpractice (yes, it has been done) but probably not for SC. And, be warned....anytime you reopen your SC case file, your original claim (ptsd) will also be reconsidered and they can decrease the percentage. I have done DAV claims and always warn veterans that reopening SC cases are risky. They jigger the numbers and you end up with the same amount of compensation. Find a federal malpractice attorney. A friend had his pancreas destroyed by the VA (they infused the wrong drug). He won $60,000. It wasn't related to his SC disability.
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CWO3 Retired
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Yes, DAV was correct to a certain degree. I would go after a Federal Tort Claim against the VA.
1) If your injury incurred in service, then it's direct service connection.
2) If not then it is non-service related, but
3) If the VA did surgery twice and faiiled twice, then I would ask the DAV to do a Federal Tort Case against the VA due to Malpractice. Need help ask Chris Aggi, Veterans Attorney At-Law.

Hope this shed some light on your perdicament.

James
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PFC Chip Des
PFC Chip Des
9 y
wow, where is he located?
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