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

[purple]

Sounds like a HUGE stretch to me. If a vet has such hip problems perhaps the VA would say they shouldn't be on the bike in the first place?? But since it's only "hypothetical" it's not a big deal.....right??

[john999]

I think it would be hard to get SC'ed for this because the VA is going to say that if you have a hip injury what the heck are you doing riding a motorcycle. Also, you have to demonstrate that it was the hip injury that caused the wreck and not some other factor. Now if you were walking in your house and your hip gave out and you fell and broke your leg you might have a claim because I can see a doctor saying the broken leg was a consequence of hip giving out and causing the fall. Even in that case you probably have a fight on your hands.

[ausgmblr]

glad this is hypothetical, ur chances are as good as winning the next multi state lottery.

ausgmblr

[LarryJ]

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

Even if you could prove that the accident was related to the hip..........what would the VA do about it?

As far as the VA taking care of the arm injury........if the veteran is SC'd, then it would depend upon his disability rating....but most probably, the VA would take care of him if he was injured.............hypothetically. But, connecting the accident to hip pain to get the arm service connected or secondarily connected..............ooooooooops, I'm sorry, I just ran outta beer, I'll be right back............okay, now what WAS the question....I coulda sworn that I heard somebody ask if their lack of motorcycle riding ability could be connected to their military service?

[tk3000]

Sounds like a HUGE stretch to me. If a vet has such hip problems perhaps the VA would say they shouldn't be on the bike in the first place?? But since it's only "hypothetical" it's not a big deal.....right??

Right, it's hypothetical! But I know about an analogous case, also involving a motorcycle accident (not in function of a hip disability, and not a VA case). If someone falls from the stairwell in function of bad balance related to a leg disability and break his/her neck for instance; wouldn't the VA have to(assuming that the VA does the right thing which is rare) consider the broken neck secondary to the leg disability. At first I would imagine that the stairwell case and the motorcycle case were analogous. But I understand the point that riding a motorcycle with such a hip disability could be consider irresponsible.

[jbasser]

I have seen cases where service conected conditions have caused veterans to fall and they were able to file claims.

I have also seen cases where Veterans were taking Metropolol and their heart rates were dropping too low and the Vets were passing out while opererating vehicles and filing claims.

Look your situation up in the BVA files at the BVA website. You may be suprised.

J