Car Wreck Causes More Injury To Service Connected Disability

[oicclouds]

I am working with an OIF veteran, currently rated at 20% for injuries to both knees in Iraq. AFTER he got out of service, got his service connected disability, he was in a severe car accident and broke both legs and caused more injury to his knees. He was in a regular hospital 28 days and unable to work and in rehabilitation for another 60 days. Since this occurred after his active duty service but while he was sc at 20%...... Can he claim temp 100% for the hospital stay and convalescent (CFR 38, 4.29 and 4.30) and file a new claim to upgrade his % from 20% on his knees since the accident made his knee injury worse???? Thanks! Vicki

[Teac]

Teac, stop it. We dont want any folks climbing ladders and taking swan dives. Falling for real is a bad deal. I know I went down a flight aboard a Navy ship head first. ( With some help of course)

I could see if the Veteran broke the knees in the accident but the legs are separate.

J

Wait a minute.......... do you think my story was made up? or do you really think I would advocate for someone to do something stupid like falling off a ladder? My story is true, I was service connected at 10% for a back injury for many years....I worked for civil service and during that period I actually fell of a ladder at work and re-injured my back in 1998. I was medically retired from civil service in may 1999 because of the injury and my va rating for the back injury was increased to 60% and TDIU. In fact, I posted about this in 1999 or 2000 here on Hadit, under an old user name not long after I retired.

As I said in my last post, I was not trying to step on any toes. and I do respect your position, but I think somehow, you misunderstood what I stated in my initial post.

Also , to be sure I also never said the veteran could get service connection for the broken legs....

I hope this clears up any, misconceptions....

[jbasser]

Your story is very legit.

I am glad you had something to rely on as my wife hurt her back also working for the govt and got notjing but a hard time.

J

[71M10]

OIClouds,

Back to my last post, if the "broken legs required hospitalization" I dont see the temp 100% as being applicable.

Increase for the severity of the knee problems is really an entirely different matter than an immediate hospitalization as the result of an MVA.

Best regards,

[AF1982]

Dear Hadit; I have just received a severing decision to my sc knee. The decision argues within itself...; it acknowledges my dislocated patella in the service and that a later automobile accident doctor verified it was an old injury, reaggravated by the accident.

Due to the area of AF service I was in, after I received my honorable discharge in 82 I just wanted to forget the military existed and wanted to try to move on with life. I was never one to run to doctors with my discomforts, as those who know me attest.

My knee was always a problem after the service injury; I just dealt with it, using my sleeve-brace and avoiding certain physical things when the knee would flare up.

7 years after my service I was in a work-related auto wreck and reaggravated my knee. The work-comp doctor documented it was an old injury reaggravated.

In 2002 my knee was at the point where it was dangerous to me. I'd already had one fall and the constant locking and swelling was driving my wife up the wall. So, I sought VA Voc Rehab and was told I also qualified for SC benefits. My disability was evaluated and recognized at 20% at that time. I wasn't seeking SC benefits, only Voc Rehab, but VA said I qualified for both. I told them about the 1989 auto wreck, as I had no intention to lie to them and they asked for my history. I was approved for Voc Rehab and SC disability at 20% in 2002.

In 2005 my rating went to 30%. 2006 and 2007 I had (2) knee replacements (of my problem knee). The 2nd was due to the first messed up by the VA doctor. My rating went to 60% and my back, neck and hips (and good knee) have been affected by my shifted body-weight being carried.

Following a dismissed med-mal suit against the VA surgeon of the 2006 knee replacement, the VA (U.S. District) attorney emailed VA claiming my disability-injury was not service-connected. This claim was NEVER MADE or even INFERRED, during the lawsuit. This attorney is NO LONGER a U.S. District attorney, as he left that office when I requested a FOIA of his notes and contacts concerning his claim.

My Congressman is involved, and has been the ONLY WAY my attorney and I have been able to get VA to respond to our letters and/or his legal requests in the matter. I have requested an electronic copy (email) of the Sever Decision, and when it is received, I would greatly appreciate your input.

Thank you - I look forward to hearing back.

Edited June 5, 2012 by AF1982

[Philip Rogers]

AF1982 - what is the date of the original award, in 2002?? Since the VA is proposing severence you may be protected by the 10 yr rule. If 10 yrs has passed since your award, you are protected, but you need to locate that award date.

pr

[jbasser]

AF you need to put this into a separate topic. You will get better results.

J