Hypothetical Case Of A Accident Caused By A Disability

[tk3000]

Consider a sc veteran that has chronic pain in his hips. The veteran is riding his motorcycle, there is a bump and the motorcycle has small loss of stability for a second and concomitantly the bump causes the veteran a very sharp pain in his hip which then makes the veteran to complete loose control and to fall from his motorcycle and ended up involved in a serious accident: and the veteran has a serious fracture in his arm (needing surgery, etc).

How hard is for the veteran to prove that the accident and its consequences (injury) is related to his hip disability (pain)?. And how hard is it for the VA to prove that it is not related to his hip disability?

tk

[MRRRR5]

Not a snowball's chance in hell.

RG,

I'm glad this is a hypothetical situation because you and LarryJ got me ROFLMAO... :D :)

[tk3000]

That's the civilian world...and IMO that's a frivilous lawsuit.....this is the VA world...whole different set of rules. Is someone you know planning this?

No, it is not about me, and not about anybody that I know. I got inspired to use the examples of a motorcycle because I ride them and I know that it requires dexterity and responsibility to ride them and because I was reading an article about an officer who got involved in a serious motorcycle accident off base. The officer in her 20s did not have any type of disability known previous to the accident.(the absence was mostly in function of the lack of riding ability or circumstances) The officer then broke both legs, one arm, etc; but now she is doing just fine. She was discharge from the military, and receives a full pension.

But the point is that it could have anything, not only a motorcycle. Any type of machinery, even a car. The fact is when you have a disability and impairment many aspects of your life can be much more difficult and risk than what it would be otherwise.

[tk3000]

On second thought the bump caused you to lose control and not the SC condition.

Now if you were scooting around on the hog and you had a heart attack and were SC for heart disease and wound up with a bad road rash and broken bones, That would be different.

The condition must directly cause you injury. I belive that is how the reg states it.

J

Yea, but suppose that the bump causes a flare up (pain), which then dramatically contributes to the lack of control and the fall.

[jbasser]

You do whatever you think you have to do. Personally I think your chances are better if you buy a powerball ticket.

J

[LarryJ]

By-the-way, that picture of me, the one up there in the upper left corner, yeah, that one. I'm sittin on my FLHTCU (my GEEZER-GLIDE).

I can't ride anymore....that picture was taken by my son just before I left on my last ride. It was hard giving it up. I'd had a motorcycle of some shape or another since 1962. I figure I've got around 700,000 miles on one, probably more, lots more.

Ride 'em like ya stole 'em!

[halos2]

Benefit of doubt rule? Whoever evaluates this claim will be looking for the usual "more likely than not" well what does he have to loose? We all have put in claims with IMO/IME and have been denied. It does not always mean how well reasearched or documented a claim is, but who is the rater. Also what may factor in to the analysis is how much are they after their "bonus!"

Consider a sc veteran that has chronic pain in his hips. The veteran is riding his motorcycle, there is a bump and the motorcycle has small loss of stability for a second and concomitantly the bump causes the veteran a very sharp pain in his hip which then makes the veteran to complete loose control and to fall from his motorcycle and ended up involved in a serious accident: and the veteran has a serious fracture in his arm (needing surgery, etc).

How hard is for the veteran to prove that the accident and its consequences (injury) is related to his hip disability (pain)?. And how hard is it for the VA to prove that it is not related to his hip disability?

tk

Edited January 25, 2009 by halos2