Thread: Injured US veteran needs advice

First of all, please don't offer me your sympathies. I am writing this to vent a little and to seek advice on where to go from here...

I sustained a fairly grave injury to my left shoulder during Desert Storm (1990). The military hospital, which I won't name, performed a procedure on me to re-attach the shoulder and stabilize it. They said everything was perfect now and healing terrifically.
Several months after the initial surgery I started experiencing migraine headaches. BAD ones. Vomiting, blindness, etc. The military ensured me that the migraines had nothing to do with the surgery and was most likely caused by my PTSD. I separated from the military, but was still having major problems with the shoulder.
I started going to VA hospitals and they would look at me like a drug addict when I had migraines or severe shoulder pain. They kept taking x-rays and telling me that everything was perfect (that was their orthopedic surgeon-clown), but they refused to take soft-tissue scans. They intimated that it was all in my head and referred me to psychological evaluation (which I never did because I'm not imagining this).
Last year I allowed the VA to talk me into an un-related hernia surgery which was done by a "doctor" that I had to have translated for me to understand what he was saying. That job was botched as well, resulting in a 6-month recovery time (should have been 1-2 weeks) and continuing pain to this day (which the VA also says is in my head).
I gave up on going to the VA for anything. Apparently I'm just crazy or something. So I got private insurance and 3 weeks ago I saw a civilian orthopedic surgeon that came highly recommended. He scheduled a couple of tests (an arthogram mri and a nerve conduction study). Twelve hours ago he gave me the news: the military did the wrong surgery on my shoulder, didn't repair any of the damage, just tightened up the joint and sewed me back together. They didn't remove the damaged pieces of bone, didn't remove the destroyed cartilage, and most of all didn't do anything constructive at all. Now I have "substantial and permanent nerve damage affecting my entire upper left quadrant" and the surgical sutures that they did have been unravelled for quite some time, with some of the muscles "almost completely severed, being held together mostly by scar tissue." He has scheduled my surgery for next Friday (2/11) but is going to try to bump me to this coming friday (2/4). He is also scheduling me for pain management. He says that he has to do a "complete anatomical reconstruction" of the joint, but that my nerve damage is permanent so he will not be able to relieve the pain. He put me on Neurontin and I have consults with the anaesthesiologist for further evaluation on what can be done.
I am extremely happy to finally have a doctor looking at this that is not a complete imbecile. When I found out that I wasn't crazy I cried (and so did my wife). However, I'm 37 years old and need major reconstructive surgery to fix a mistake made by military doctors and covered up by the VA.
Does anyone out there have any advice for me on how to go about getting disability and possibly suing the VA? Don't even know if that is possible. I could use details since the US Govt application and review process is...broken.
Sorry for this long story, and thank you for reading it. Please, I am not looking for sympathy. I'm emotionally stronger than that and I am surrounded by terrific people that are closer than family. But none of them have ever had to deal with the VA, and I'm ****ed off as well as just plain concerned that I may never be able to effectively work again.
Thank you and cheers.

As you requested, I will not offer sympathy. I'm glad you have friends that are there for you to help and support.
I would simply like to say that I have read your story and I feel absolutely shocked. I never imagined that such incompetence could exist in the military, especialy in a time of conflict.
There is nothing I can do for you - I am not military, I am not a lawyer and I am not even american. However, I do believe that you should get your bearings and strongly consider judicial procedures against the military or the state. There are some lawyers in this forum and I'm sure that sooner or later they will chime in and offer advice. However, despite the justice of your case, the enemy you will have to face is quite a formidable one... so do what you have been doing for the past 20 years and keep going and keep buggering on. I hope everything turns out for the best.
I also hope that your surgery goes well.

Well I hate to tell you this, but your experience is probably based off of your inexperience..You hurt yourself when you were 17years old in the military? That indicates that you don't have a lot of time in the military learning how to navigate the military systems..Correct? How did your injury occur? That is kinda important..You mention Desert Storm..Were you injured in combat? What you need to do is submit the injury through a Disabled Veterans Rep and go through the process. It really doesn't take that long when you consider all the vets out there submitting claims that have to be reviewed (WWII, Korea, Vietnam, Grenada, Salvador, Panama, Gulf, Somalia, Iraq, Afghanistan). Then remember to establish a paper trail of douments that list your problems. If you injured yourself in combat then you would start with the date you were injured and list it in a factual context..It is actually pretty simple. A couple things to think about are: Whenever I go to a doctor I get a different opinion..Doctors are not "perfect" people...They make decisions based on the information in front of them. What your doctor did 20 years ago was probably based on the data and info that he (or she) had available. ...Another thing to think about is that whenever you get a surgery, you will not bounce back to 100%. So, all is not lost my friend you just have to go through the wickets without skipping anything. I have had several surgeries from injuries in the military (AirBorne Ranger), I have paid my pound of flesh for my country (22 years in the Army). So saying all of that...You need to go to DAV and submit your claim Take your recent doctors report to them when you do. If it is a service connected injury then you an claim 100% disabity while you are healing (if approved). ....After that you can get some really good physical therepy to help that shoulder out. I have had some surgeries on shoulders also and it takes awhile to heal..Have the headaches gone away? Did you get blown up? I got some serious head tramau from Iraq also....That does suck..Part of the occupational hazards I guess...And lastley you said last year the VA talked you into a hernia operation? I don't think I have ever heard that before? Under what conditions does the VA talk a person into a hernia operation 20 years after service? Well good luck, it really isn't as bad as it seems.. Thank you for your service.

Wintchase, you are absolutely right...I was injured when I was barely 18 years old (my years may be off a bit, lotsa drugs) and yes it was in the line of duty. I have absolutely no experience with the DVA other than the aforementioned problems, and I separated after my first term of service. As far as the hernia surgery is concerned, they discovered I had a small one during a routine physical and spent several weeks telling me that I should have it operated on before I was 40 because then the recovery would be much worse. They hounded me constantly, and I took that to be concern. Like I said, completely unrelated. I will take all of your advice under advisement and contact the DVA as soon as I have all my documentation in place.
The headaches have not gone away, and probably never will completely. I was just in the ER the other day with another severe one, although I get them less frequently and they are (usually) less severe.
Once again, thank you for the advice.

Chef,

I won't go into a lot of detail, but will tell you that your recourse is exclusively through the VA disability system. Service Members are barred from suing the government/military for tort injuries (e.g., medical malpractice) suffered incident to or arising from their service. This is known as the Feres Bar, and it's pretty much impenetrable...

I am not shocked with your treatment. I am sorry for your problems. I have a nephew who has some problems because of the treatment from the VA. One avenue open to you is to become educated about what your rights and benefits are. Find out, don't just accept somebody's verbal always check and investigate further. Another avenue is to go an see your Congressman after you have documented things. You need to start a notebook and write down all events and conservations, past, present and future. This actions is a powerful thing and it has helped me in my life to be able to help loved one's and friends alike. Just do it! Set out a concise list of action points that you need to be able to go on with your life. You can raise hell and sometimes it will help the cause. Foremost, you have to know that there are people that will help you, they just have to know about your situation. I am not talking charity but real help.

Take Care,
Richard

I have no advise to offer you. I just wanted to thank you for your service. And wish you well with your up coming surgery.

Question. Have you applied for Compensation through VA yet? If not, you need to get your butt in gear and get that done. I can be done online using VONAPP which is located at www.va.gov. Make sure you have all of your paperwork in order when it comes to dates of medical care and what was done. Include any paperwork you may have from an independent doctor and make sure you get him to write a nexus letter. The VA is under a lot of scrutiny these days and are really trying to improve their processes.

Also, if allowed, I would direct you to www.hadit.com/forums which is a HUGE source of information on all things VA related.

Your local American Legion or VFW post most likely has a service officer that can help you navigate the paperwork maze of the VA. Also, if you're on Facebook, there's a group called Military with PTSD. Everyone on there is either a vet, active duty, or closely related to someone w/ PTSD. They're a great source of support and information, not to mention many of them have been down the same road as you.

Best of luck to you

Thanks for your service. Your's is another sad example of why a lot Vet's refer to the VA as the "Hampster Cage".
LeagleBeagle has given you the correct advice, you cannot sue the VA but you do have every right to file a new claim based on your service related injuries, even if aggravated by the VA itself. The online filing was suggested and I would second that, it is the cleanest most efficient way to get the claim into the system. Then you simply have to wait, sometimes for months, as they get to your claim and schedule back into the system. You will hear from them and please don't be tempted call your filing office for any updates, that is always a bad move and will further delay processing your initial claim as it moves the claim temporarily off path. Lacking any efficiency using this method then I would seek out a Veterans Service Officer/Advocate for help. The VFW or AL can reference you.
I have been in the VA system since Vietnam, initially for GSW's that later had to be operated on again by civilians and my claim was successful for
getting the VA to add an additional % of disability to the initial claims. I am still involved with the VA over several agent orange exposure related diseases and PTSD.
I am very glad you have finally found a surgeon who can help put you back together. God's speed with all of this and please keep us informed. You will find support here, especially on this subject. Anything I can do based on my personal expriences feel free to use my email address in my profile.
Bob
Life Member 101st Airborne Division Association
Life Member Vietnam Helicopter Crewmembers Association
Member US Pathfinders Association