That's not true. OP received a settlement for the injury. If he did not have surgery, he was NOT compensated for the cost of surgery. He was compensated for the treatment he DID have, and for the degree of functional limitation he demonstrated at the time, as well as pain and suffering. It's likely that it was not needed at that time. If there's no pre-existing limitation to worry about, then it will be covered and there will be nothing fraudulent about it. And it's very unlikely that pre-existing would be an issue since it was so long ago.