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Sc For Injury Caused By Meds And Or Other Sc Condition.

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Posted

Thank you in advance for your time reading or replying.

Sorry if the Topic Title is confusing.

Here is the situation:

I am a Vietnam Vet that has a combined SC rating of 70%. I have SC DMII, Left and Right Leg Peripheral Neuropathy, Diabetic Retinopathy, Gastoparesis, and Several SC Heart Diseases.

In July of 2006 I was visiting my son in CT for the month. One day while watching my grandchidren play in the swimming pool, I got up from my chair to do something, and lost my footing due to my not being able to tell where my foot was. This happens frequently due to my severe bouts of dizziness and due to my Neuropathy in my feet and legs. I fell backwards and broke/fractured my right hip. I had to have surgery in which they placed metal pins in my hips. I had to spend 3 months in CT (2 Weeks in a hospital and 2 and 1/2 months in a nursing/rehab home) before I was well enough to travel back to my home in NC.

Since the injury, I have to now use a walker/cane/scooter to be able to get around. One of my legs is now actually so much shorter that then other that I need special shoes, the inserts can't make up the difference. I have chronic pain directly in the location of the surgery. I can not sleep for more than 2 hours before I wake up and need to move positions in bed to try to be somewhat comfortable. I can actually feel the screws/pins in my hip. They actually jut out and make it hard for my to have pressure on that hip.

Is this something I can get SC for?

I am dangling the thought process of:

Since my SC meds which make me dizzy or my Neuropathies which cause me to have poor footing or my SC Heart Diseases which makes me dizzy as well are the cause for my injury, the I should receive SC for the injury as caused by or secondary to my SC conditions.

I have documentation going back to 2004 showing constant bouts of dizziness and falling due to my Neuropathies, Meds, and Heart Diseases. I also have the medical records from the ER I was taken to but they all just state that I lost my footing/ tripped / fell backwards and broke my hip.

I just wanted to get a few opinions before I (ie my son lol) spends time developing a claim and attempting to get a IMO if needed. Maybe someone out there has had a simular type of claim before, maybe someone has had an new injury cause by a SC condition and filed a claim. I would love to hear from you.

Donewsome

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  • HadIt.com Elder
Posted

If it were me, I would write a statement from your PCP, then take it to him/her, explain the situation, and see if they will sign the document. I have done this with my PCP before, and she has always signed it. Just don't write it to say that it was 100% caused by the neuropathy and dizziness, because no doctor could know that with 100% certainty. Write it to say the fall was "at least as likely as not caused by," or "more likely than not caused by" the fall. The worst they can do is say no, then you can look to an outside dr. to make the statement instead.

90%, TDIU P&T

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