This document includes the process of obtaining a VA disability rating for spinal fusion, focusing on a veteran’s case involving alleged medical negligence. The 38 of the Code of Federal Regulations (CFR) criteria is used by the VA to assess disability, emphasizing range of motion limitations, pain levels, and functional impairment resulting from the fusion. It highlights the factors influencing rating percentages (10%-100%), including the extent of fusion and the presence of secondary conditions. A significant portion focuses on the veteran’s specific experience, arguing that the VA’s failure to address a botched initial surgery led to further complications requiring extensive corrective surgery and resulting in a severe, permanent disability (ankylosis of the spine). The veteran uses this detailed account to support their claim for a high disability rating, citing the VA’s negligence as the primary cause of their current condition.
The Dallas VA failed to diagnose and effectively treat their botched spinal fusion surgery. Despite my struggles with severe pain and progressive loss of the ability to walk and stand, their efforts fell short.
Given the apparent incompetence or negligence at VA Dallas to address this for over two and a half years, I resorted to providers under the Affordable Care Act for assistance.
I opted for Baylor Medical Center in Dallas, recognized as the region’s top healthcare provider, a stark contrast to the VA Dallas’ bottom ranking. Baylor’s prompt action in ordering new MRIs and CT scans led to the swift scheduling of major revision surgery to correct the disastrous 2021 procedure.
This intervention was critical in addressing the intense pain and immobility caused by the initial failed surgery. The imaging tests performed by Baylor yielded completely different results than those from the VA.
Baylor medical center diagnosed and scheduled in two weeks what the VA could/would not do in two and a half years.
NOTE: I was accepted by the healthcare gov team when I told them about the VA’s negligence, I just had to send them a letter explaining it. So there is this option if the VA has disabled you but won’t do anything about it.