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).

[navydoc2]

has the VA ever done a MRI on your back and neck? If not that would be a part of what you send in to the RO. I think you are on the right track keep doing research and check out the topic above this one it may help you Rose v. West.

[nyc-vet]

has the VA ever done a MRI on your back and neck? If not that would be a part of what you send in to the RO. I think you are on the right track keep doing research and check out the topic above this one it may help you Rose v. West.

ok thanks

[JamesBreckenridge]

I think the VA doesn't care WHY your already service connected conditions have worsened. If you are SC for traumatic knee injury when you were 20, and now you're all old and decrepit and arthritic anyway and you put in for an increase, the VA doesn't say "Well, yeah, you meet the criteria for the higher evaluation, but it's because you're old and decrepit."

If you are already service connected for the conditions, yeah, things happen and your condition is worsened. If you weren't ALREADY service connected then you wouldn't be having these worth problems probably, right? If it's gotten worse, we're not supposed to care WHY it's gotten worse.

I can't find an M21-1MR or CFR that comes right out and says that though.

Now, if you were talking about an ORIGINAL claim for service connection, yeah, in that case the rater is going to want a medical opinion from a doctor clarifying whether the claimed condition is a continuation of the symptoms in service, or if it was due to an intercurrent cause like a car accident, or stepping in a gopher hole while golfing.

Does that help at all?

[yoggie2]

If you are already service connected it will be looked upon as a worsening condition if you are already rated for it, that is before the accident. This is what happen to me but you must show a continuity of treatment before the accident. If you are trying to SC because you have medical records that show your injuries were originally injured in service you will have an up hill battle. make sure they have your medical records if its the ladder of the two. Yogg

[Wings]

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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"

[nyc-vet]

I think the VA doesn't care WHY your already service connected conditions have worsened. If you are SC for traumatic knee injury when you were 20, and now you're all old and decrepit and arthritic anyway and you put in for an increase, the VA doesn't say "Well, yeah, you meet the criteria for the higher evaluation, but it's because you're old and decrepit."

If you are already service connected for the conditions, yeah, things happen and your condition is worsened. If you weren't ALREADY service connected then you wouldn't be having these worth problems probably, right? If it's gotten worse, we're not supposed to care WHY it's gotten worse.

I can't find an M21-1MR or CFR that comes right out and says that though.

Now, if you were talking about an ORIGINAL claim for service connection, yeah, in that case the rater is going to want a medical opinion from a doctor clarifying whether the claimed condition is a continuation of the symptoms in service, or if it was due to an intercurrent cause like a car accident, or stepping in a gopher hole while golfing.

Does that help at all?

Thanks for the reply, I'm going to approach it as it has gotten worse