Today's operating rooms
What this article covers The 20% Infection Grant: Explains the VA decision granting service connection for chronic Pseudomonas aeruginosa bone/hardware infection. The “VA Math” Progression: Outlines how the 20% grant moves the unrounded score from 78.9% to ~83.1%, 1.9 percentage points away from the 85.0% threshold for 90% schedular pay. The Legal Framework (38 C.F.R. … Read more
Introduction How does a routine back surgery escalate into a federal lawsuit involving a drug-resistant bone infection, years of suppressive therapy, and intense legal scrutiny? Through the lens of Michael Stuart v. United States of America, we will explore how medical complications transform into federal legal disputes and how the discovery process exposes the critical … Read more
If you’ve been following my journey, you know I’ve spent the last several years fighting two relentless battles: one against a severe, life-threatening spinal infection, and another against the massive bureaucracy of the Department of Veterans Affairs (VA) and the U.S. Department of Justice (DOJ). I wanted to share a plain-English update on where my … Read more
A reflection on surviving life’s valleys For six years my life felt like being lost at sea in an old wooden sailing ship. Not the kind of ship that confidently crosses known trade routes with a clear map and favorable winds, but the kind that wanders deep in unknown waters while violent storms tear at … Read more
Medical Timeline and Causation Summary Michael A. Stuart – Spine Treatment and Subsequent Disability Overview This case arises from a sequence of medical events beginning in 2021, when Plaintiff was referred by the Dallas VA to UTSW neurosurgery for management of a lumbar spine condition. The VA referred Plaintiff to UTSW under its Community Care … Read more
After years of fighting through pain, failed surgeries, and a system that repeatedly overlooked the truth of my condition, the Board of Veterans’ Appeals has officially granted my 38 U.S.C. § 1151 claim. This ruling acknowledges what I have lived every day since 2021: that the harm to my spine was not “natural progression,” but … Read more
Perfect Storm of Negligence: How a VA Contractor’s Malpractice and the VA’s Oversight Failure Led to Permanent Disability This document outlines the basis for a VA disability claim for spinal fusion, focusing on a case where medical negligence by a VA contractor and subsequent administrative failures by the VA directly resulted in severe, permanent disability. … Read more
Claimant: Michael A. Stuart Date of Birth: January 13, 1959 Claim Date: November 27, 2024 Claim Type: Federal Tort Claims Act (Standard Form 95) for personal injury/wrongful death, specifically an “1151 claim” related to VA negligence. Federal Agency: Department of Veterans Affairs, Office of General Counsel, Torts Law Group Executive Summary Michael A. Stuart is … Read more
I’ve been through the system three times since 2021. I’ve seen its flaws firsthand—the inefficiencies, the lack of accountability, the pain caused by delays and errors. I’ve lived the nightmare of navigating the VA Community Care Program (VCCP) and its shortcomings, and I know how overwhelming it can feel to push back against a system … Read more
Dr Patel, UT Southwestern failure to diagnose and treat spine issues after radiology found loose pedicle screws The UTSW consultation highlights a series of systemic failures in the care of a patient with a history of lumbar surgeries. There were communication breakdowns between the VA and outside providers, a conflict of interest in referring the … Read more