This VA 1151 disability claim filed by veteran Michael Stuart for ankylosis of the spine, a condition resulting from a series of events stemming from a car accident. The claim centers on alleging VA negligence following a failed spinal fusion surgery performed within the VA system, which necessitated corrective surgery resulting in the claimant’s current disability. Crucially, the claim highlights the VA’s initial failure to address a failed surgery, two-year delay in response to a concerning CT scan, and the subsequent need for corrective surgery performed at an outside facility, incurring costs and resulting in permanent disability. Finally, the claim explicitly refutes a prior denial of a related claim, arguing that the VA’s negligence, not natural progression of pre-existing conditions, caused the disability.
To: Veteran Affairs (VA) Claims
This appeal underscores the significant discrepancy between my symptoms and the VA’s assessment. Despite being wheelchair-bound, the VA’s evaluation failed to accurately recognize my condition.
I present new, substantial evidence of the Dallas VA’s negligence. After obtaining new health insurance, consultations with top Dallas spine surgeons revealed that the VA failed to recognize both the unsuccessful surgery and the resultant ‘flat back syndrome’ for over two years. This oversight resulted in a progressive decline in my walking ability and prolonged severe pain.
- This condition was not a mere progression of chronic symptoms; it was directly caused by surgical complications and a stark lack of post-surgical care by the Dallas VA.
- This neglect has profoundly affected my health, mobility, and overall well-being.
Supporting this appeal are medical records from Baylor Scott and White Spine & Scoliosis Center and a medical opinion from American Medical Experts. These contrast sharply with the VA’s inadequate response and improper diagnosis.
Overview of Events:
- Initial Surgical Complications:
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- April 2021 pre-surgical imaging showed good lumbar lordosis, with no indications of flat back syndrome.
- The Dallas VA scheduled a fusion surgery with a community care provider, planning an L2-L4 fusion for August 3, 2021. However, the surgery was unexpectedly performed on the L1-L3 segments, without explanation.
- Post-surgery, unusual pain led to the community care surgeon discontinuing my care in August 2021. His practice closed in October 2021, leaving behind no records of the surgery or its outcomes.
- Delayed Diagnosis and VA Oversight:
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- In October 2021, a VA CT scan revealed loose pedicle screws but missed the loss of lordosis curve, and no action was taken on the developing flat back syndrome for over two years.
- In November 2023, new healthcare providers diagnosed iatrogenic flat back syndrome.
- Discrepancy Between Symptoms and VA Assessment:
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- The VA misinterpreted symptoms, overlooking the consequences of surgical failure.
- My walking ability and posture progressively worsened, contradicting VA’s previous assessments.
- New Evidence from Renowned Medical Centers of Negligence:
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- The Baylor Scott and White Spine Center’s diagnosis in November 2023 revealed the Dallas VA’s failure to recognize and treat flat back syndrome.
- Medical opinions from American Medical Experts confirm this diagnosis and indicate negligence.
- Impact of Negligence:
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- The negligence of the Dallas VA worsened my mobility issues and pain, resulting in the need for a major revision surgery in January 2024.
- The surgery has permanently limited my mobility, disfigured my appearance, and diminished my quality of life.
Medical Opinion Summary
This opinion is a nexus letter from Dr. Joseph David, a board-certified physiatrist, supporting a veteran, Michael Stuart’s, claim for disability benefits related to flatback syndrome. Dr. David meticulously reviewed extensive medical records, including imaging studies and surgical reports, spanning several years and multiple medical facilities. His analysis concludes that Mr. Stuart’s flatback syndrome, characterized by loss of lumbar lordosis and significant functional limitations, most likely resulted from complications arising from a 2021 spinal fusion surgery, specifically the surgery being performed at a different level than planned and the failure to address post-surgical hardware issues. Dr. David asserts that the subsequent inadequate care at the VA exacerbated Mr. Stuart’s condition, ultimately leading to his current state of disability, and attributes this to deviations from the applicable standards of care committed by the surgical team and the VA.
Conclusion
Over two years, the Dallas VA inadequately responded to iatrogenic flat back syndrome by denying pain management, ignoring reported symptoms, misinterpreting medical imaging, and neglecting requests for disability assistance. In contrast, Baylor Scott and White’s team promptly recognized the syndrome, a complication of failed spine surgery, and arranged for revision surgery within a month. Medical experts concur on the VA’s negligence.
This disparity in medical management not only allowed the progression of flat back syndrome to reach critical levels, but also significantly exacerbated my existing health issues.
Given these circumstances, it is imperative that the VA recognizes its role and responsibility in addressing the consequences of this situation, ensuring that my claim receives the attention and support it rightfully deserves.
Enclosed are relevant records to support my claim.
Michael Stuart