How Does The Va Look At Auto Accidents?

[nyc-vet]

I have a few issues I need advice on. I am currently getting 40% for low back and 20% for neck plus other issues totaling 90%. Im trying to get secondary issues sciatica and headaches connected to the low back and neck. I submitted the claim 2 months ago but really didn't have any evidence except word of mouth and a few doctor visits to the VA ER for both headaches and sciatica.

2 months ago i was going to bank simply on those ER visit as enough evidence for secondary claims. But low and behold I get rear ended the other day and immediately the pain shot to my back, neck, down my left and i got a terrible headache that still lingers after a month.

I am now doing therapy, accupunture, chiropractor, etc.. 3 times a week for the past month. MRI shows bulging disk and herniated disk in neck and back. I don't rather to cry because I'm in more pain or to laugh because this might be my key to getting a nexus and increase for my neck.

With all that said, how will the VA view this accident? Do they view accidents after service as not service connected Or is it viewed as a worsened conditions?

I am also trying to get chronic fatigue secondary to back. I have no evidence but word of mouth. How do I prove this. I am drained everyday by constant body pains for the top of my head to the soles of my feet (literally).

[nyc-vet]

x

x

x

x

You filed a VA Claim for headaches and sciatica prior to this recent auto accident (an "intercurrent cause"); and you have medical evidence of headaches and sciatica prior to this accident, then you should be able to explain the sudden, acute aggravation. Prior to this most recent accident, would you claim the headaches and sciatica were acute, static or chronic? IMO, Your medical evidence will have to be bulletproof. ~~~Wings

Proximate Results, Secondary Conditions: A disability, which is proximately due to, or the result of a service-connected disease or injury will be service connected. The secondary condition will be considered a part of the original condition. There are certain conditions that may not be separately evaluated. In those cases, service connection is established by showing both the primary condition and the secondary condition together with appropriate evaluations. Under the provisions of 38 CFR 3.310(a), disabilities, which are proximately due to, or the result of a service connected condition will be service connected. An increase in non-service connected disability caused by aggravation from a service connected disability will also be service connected. (Allen v. Brown, 7 Vet. App. 439 (1995); 38 CFR 3.310(B)).

Note: Search COAVC for "intercurrent causes"

my headaches and sciatica when I would go to the VA ER would be chronic. Its up and down there is a constant tingling in my leg but it is not a constant chronic pain. When i went to the hospital I could barely walk. Im not at that level right now but there is discomfort. My headaches the same also. When I went to the va ER it was chronic. Thats what caused me to file a secondary claim. I knew these headaches were coming from my neck constantly throbbing and burning.

Then the wreck took place and now I get treated for these things 3 times a week. I believe this will strengthen my secondary claims and prevent them from saying not enough evidence.

[JamesBreckenridge]

my headaches and sciatica when I would go to the VA ER would be chronic. Its up and down there is a constant tingling in my leg but it is not a constant chronic pain. When i went to the hospital I could barely walk. Im not at that level right now but there is discomfort. My headaches the same also. When I went to the va ER it was chronic. Thats what caused me to file a secondary claim. I knew these headaches were coming from my neck constantly throbbing and burning.

Then the wreck took place and now I get treated for these things 3 times a week. I believe this will strengthen my secondary claims and prevent them from saying not enough evidence.

Hrm. I think that might be a bit of a stretch... I don't see how evidence of treatment for problems after a car wreck is going to help show that your sciatica and headaches are secondary to anything.

On a diffrent note, have you been checked for Multiple Sclerosis? It's tricky to diagnose, and can have symptoms similar to what you're describing. It's so tough to diagnose that it has a seven year post-service presumptive period.

[carlie]

My headaches the same also. When I went to the va ER it was chronic. Thats what caused me to file a secondary claim. I knew these headaches were coming from my neck constantly throbbing and burning.

Then the wreck took place and now I get treated for these things 3 times a week. I believe this will strengthen my secondary claims and prevent them from saying not enough evidence.

nyc-vet,

As for getting your headaches SC'd as secondary to an existing SC'd condition

you will need a doctor to write that in an opinion and support the opinion

with medical rationale.

In my opinion,I feel that all medical evidence that comes from the recent auto

accident will be detrimental to your VA claims process.

In other words any medical condition that was not in a VA claim prior to

your auto accident - VBA will say denied as was caused by auto accident

and anything you request an increase in a current percentage such as your

back and neck (currently VA SC'd at 40 & 20 percent)I feel VBA will deny

an increase and state any increase in disability percentage is due to

the auto accident.

This is only my opinion.

carlie

[broncovet]

I think James Breckenridge is right. I call it the "path of least resistance" aka "water always runs downhill". Rating specialists are not interested in doing more work on a claim, they are interested in less. They have quotas and are expected to do so many claims in a day, and the last thing they want to do is to complicate a claim so it takes them 6 hours on a claim that should take one hour. An example of this is why so many claims were shredded. If you put in for, say, hearing loss, PTSD, tinnitus, and arthritis, and the VA can simplify and process just address say, just hearing loss, then it is a feather in their cap, because they "got rid of" a multiple claim by considering only hearing loss. That is, they get 6 hours worth of work done in one hour by shredding 3 out of 4 of the Veterans claims.

By repeating this procedure, a rating specialist can get promoted...it looks like (s)he is working very hard and gettting lots of work done, when, in reality this employee is causing havoc for Veterans and appeals courts, and increasing the backlog. This is the method by which the VA looks for "management material"...those "hard working" employees who get lots of claims done! By using this criteria for promotions, is it any wonder the VA has such management issues?

Nyc Vet's scenario is the "flip side" of this. The rater is uninterested in turning a one issue claim into multiple issues, that is by questioning if his auto accident contributed to the worsening of a previously SC issue. This would turn a one hour claim into 6 hours and make his numbers look bad.

Remember: The VA has hundreds and hundreds of excuses to deny without using the most time consuming, complicated excuse to deny, that will take the rater much longer.

Edited October 8, 2009 by broncovet

[nyc-vet]

I am scheduled for a c & p physical in 2 weeks with neurology maybe i'll wait to see how it goes with that before I submit anything from the accident. I'll get the doc to write a ststement.

[john999]

I would keep your recent traffic accident and your existing VA claim completely separate. I agree with what Carlie said in her reply. If you bring up this accident in future requests for an increase you are cutting your throat. They will blame all your problems on the accident. I would not even tell the VA about the accident.