Injured While Having Flashback

[WILLY3521]

Can you get service connection for injuries caused by one of these episodes, for example a car wreck?

[Testvet]

you are opening yourself up tio have your drivers license away if you go this route, if you are claiming that "flashbacks" caused your accident, then they will question if you should have been drining i the first place and if you knew you had these episodes, what were you even doing behind the wheel of the car and risking your fellow motorists.

It's an argument that will also be real hard to establish as you then make it your word against anyone else's a he said she said type thing, and really off the incomplete info you put here about the curcumstances of the accident it makes it harder to give intelligent responses on advice as there are no details, but in my experience I have never seen injuries from car accidents get linked to flashbacks from PTSD or drugs.

The only case related to flashbacks and later injuries is a case where one of the LSD test subjects from the MKULTRA experiments dived into an empty swimming pool in the 1970's while either under the influence of LSD that he claimed the goverments experiments caused him to start using after discharge and he broke his back and was left in a wheelchair and the government paid 1.7 million during the 1980s to settle the lawsuit.

[free_spirit_etc]

I think that would depend on a lot of factors. Legally, I would think it could be a secondary connection. If you already had SC for PTSD - I would think it would be easier to make a connection than if you were trying to prove it in the first instance.

But I wouldn't conisder it any different than being granted a secondary connection from an injury caused by something else that you had a direct connection for...but you would have to have evidence to show that it actually caused it.

ANd that would be the VA "rules of evidence" (meaning you get the benefit of the doubt if they can't find something to pick apart --)

Can you get SC? I think you could.

Will it be easy? Probably not.

Free

Can you get service connection for injuries caused by one of these episodes, for example a car wreck?

[sixthscents]

I am going to research this tonight. Its an interesting question.

[Berta]

My husband had daily flashbacks- rain -if he was driving triggered one, looking down at his feet triggered another, hearing small children crying, another one, fireworks, thunder and lightening- he wanted to hit the deck-

But he worked for over 10 years as a Nuclear equipment operator,. and also work at the electric company and at the VA while attending college.

I dont think this idea will fly-

a "flashback" is quite a specific medical situation.

Rod saw them as a movie screen implanted over his vision.But they didnt interfere with his vision.

There is a lot to flashbacks. I worked at a vet center and learned a lot about them there.

A person would more then likely have a flashback OF a past accident, not have one that caused an accident- my opinion ---only based on experience with comabt PTSD vets who suffered from them.

And besides how would you prove this happened? That a service related flashback caused the accident.

Meds for SC disability that caused an accident due to side affects- that is a potential much stronger claim.

The one my husband had if driving in the rain was due to the fact that their convoy was almost overrun and he had to use his wipers to remove blood and other body parts from his windshield to get out of there fast -the tracktor ahead of him had run over a small Vietnamese girl -the vill people were pushing too close to the convoy- he had personnel in his truck that he was responsibile for.The Vietnamese went wild when she got pun over.

The flashback was over her death and that he had to get her blood of the windshield

to see clearly and get his personnel out of there.He saw her every time it rained.

My point is that I dont see the VA agreeing with this type of a claim at all.

Edited June 12, 2007 by Berta

[Vike17]

I have done a few claims where one service-connected disability has caused another one. These where physical disabilities. One comes to mind was the veteran was service-connected for residual weakness of the right ankle at 20% due to breaking it twice while being in the service. He sprained his ankle pretty bad once and in the process fell and dislocated his left shoulder, tearing the rotator cuff. I got the veteran service-connection for his shoulder as secondary to his right ankle. These claims can be done and the VA doesn't have a problem with awarding service-connection on a secondary basis as long as the medical records show what happended.

Having said that, I would have to agree with Berta that this may be a stretch with mental disorders, especially PTSD and flash-backs causing disabilities. I have never seen a claim like this let alone one being approved.

Vike 17

[free_spirit_etc]

I looked it up a little at the BVA and it wasn't very promising. In one case they said the vet was manipulating and blaming others for his behavior.

I think that was a bit uncalled for. I think they could deny the claim without attacking the veteran myself...even if he did manipulate and blame others.

I think you would have a strong case if you were already SC'd for the mental condition - and the ambulance drivers got there and you were still flipping out.

But I would agree - that you could lose your license for it.

But the VA - and society in general - do not give mental conditions the same respect that they give physical ones. People with mental conditions are often blamed for those conditions -- or the manifestation of those conditions - or their pain doesn't seem as "real" as physical pain. Maybe because the pain is more hidden from others - or if it is not hidden people want you to hide it - or look the other way.

That is sad because mental pain can often be so very devastating. And people who would never expect someone with a injured leg to stop limping - will expect someone with mental pain to "just stop that stuff." They seem to think you have a choice.

Free

I am going to research this tonight. Its an interesting question.