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Car Accident


qrdgv2tebc

Question

Hi To All

Now that my BVA hearing is over, i was going through abunch of papers that i don't need anymore. like downloades, stuff i can get at any time. I came across a page from my medical records, that showed i had a car accident within one year of my retirement, My friend was driving i was in the passenger side, we were hit almost head on by a drunk driver, he was a cop. my head hit the windshield and smashed the windshield into a cobweb crack, and i busted up my thumb. i was put in the hospital overnight and my arm was put in a sling for a week.. My friend busted his nose and broken wrist.

I am S/C for headaches, but it is tied into my cervical Arthritis.

Would it be a lost cause to put in a claim for a higher rating on my headeaches. since i did not put in claim within the one year after retirement?

Patrick

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Guest fla_viking

Dear Veteran

If you have medical documentaton of illness or injury within one year of discharge. You can get SC for it. You dont have to have filed a claim within one year. Only need proof of disablity.

I took some medical tests in 1976 that proved I was disabled. IT wasnt until 1998 the VA bothered to read them and now im 100% SC.

If you can get an IMO stating the disablity and the rate do disablity you have.

Terry Higgins

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I'm thinking your headaches are either sinus or cervical spine related? If there was no other trauma to the head other than the car accident, it's probably what has caused the condition. If there was a serious condition you may want t orelay you had head trauma. However, if you've been through your C & P they've connected you for "headaches". How your headaches manifested were assumed to have occurred in service, no matter the cause. Now the broken thumb, you may wish to have them service connect if not already done in case meds or surgery may be required later in life.

They actually rated you for "headaches"? I was under the impression it had to be "migraine".

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  • HadIt.com Elder

Patrick,

I don't understand what you are asking. Are you asking whether or not the VA will consider a request for increase for a service-connected condition if the original claim wasn't submitted within one year of disachrge/retirement? If that's what you are asking, that's not the case at all. If you are already service-connected for something, you can request an increase at anytime regardless of when you first submitted the original claim. For an increased evaluation, the VA only needs to see medical documentation of how your condition is currently affecting you i.e. current treatment records from the recent past.

There seems to be a misunderstanding in regards to the presumptive service-connection criteria. Just because a veteran gets hurt or comes down with an illness within one year of discharge/retirement doesn't mean that it will automatically warrant service-connection. The only conditions that warent service-connection under the presumptive rule are those listed under §3.307 through §3.309 which manifest themselves within the prescribed periods.

Vike 17

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Guest rickb54

In addition to what vike said,

I think you would be hard pressed to get a broken thumb service connected if you were involved in a car accident after you retired. My experience has shown that you can get service connection for a problem years later as long as the active duty medical records, and the current medical problems are related. In fact it was 18 years after my retirement that I was awarded claims for COPD, Hearing, tinnitis, Hemorroids, & eppidmittis but these problems were all in my active medical records. You can also get service connected for many presumed conditions, but I don't see how you can claim service connection for anything due to a car accident after retirement. You could try to get an increase for headaches but you will need to show medical evidence to get an increase.

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Patrick,

I don't understand what you are asking. Are you asking whether or not the VA will consider a request for increase for a service-connected condition if the original claim wasn't submitted within one year of disachrge/retirement? If that's what you are asking, that's not the case at all. If you are already service-connected for something, you can request an increase at anytime regardless of when you first submitted the original claim. For an increased evaluation, the VA only needs to see medical documentation of how your condition is currently affecting you i.e. current treatment records from the recent past.

There seems to be a misunderstanding in regards to the presumptive service-connection criteria. Just because a veteran gets hurt or comes down with an illness within one year of discharge/retirement doesn't mean that it will automatically warrant service-connection. The only conditions that warent service-connection under the presumptive rule are those listed under §3.307 through §3.309 which manifest themselves within the prescribed periods.

Vike 17

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Vike

Sorry if i did'nt explain it right, i am not so much worried about my thumb, it is that on my discharge report from the hospital the next day, it states; diagnosis?impression: headeaches due to trauma from a car accindent. i am S/C for headeaches but as cervigenic headeaches secondary to cervical spondylosis. 20%. since that rating two years ago, i have medical documentation at the VA clinic and at my tricare doctor for headeaches 3-4 times a week, lasting up to 3-7 hours.

I have look at BVA claim and also from people on this sight stating they received anywhere from 40%to 60% for headeaches due to trauma.

It is just a point i was looking at. i guess what i am asking is would the VA consider an increase if i gave the them the hospital report from the accident and and the continued headeachs since my S/C two years ago.

Patrick

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Patrick,

You can and should request an increase in evaluation. However, according to the regulations the VA must determine how much the headaches have progressed iwithout the car accident. Does that make sense? For example, let's say you were origanlly awarded 10% for your headaches, then a year later you had the car accident and that contributed your headaches to be come 30%. Then three years later your headaches progress to the point of 50%. The VA would have to determine how much your headaches progressed in percentage without the car accident. In your case the VA would have to somehow subtract the 20% (10% to 30%) progression due to the car accident, providing there is ample documentaion that states the car accident hadcaused your headaches to progress further. Now, if there isn't any substantial documentation of how much your car accident had caused the headaches to get worse, then the VA would probably just omit the accident and increase them without making any reference to that accident. I hope I didn't confuse you. I think the regulation I posted down below is the one that pertains to you.

§3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300©, disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

(:) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level. (Authority: 38 U.S.C. 1110 and 1131)

© Cardiovascular disease. Ischemic heart disease or other cardiovascular disease developing in a veteran who has a service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles, shall be held to be the proximate result of the service-connected amputation or amputations. (Authority: 38 U.S.C. 501(a), 1110-1131)

[44 FR 50340, Aug. 28, 1979, as amended at 66 FR 18198, Apr. 6, 2001; 71 FR 52747, Sept. 7, 2006]

Jstacy,

The presumptive regulations list specific chronic illnesses and diseases that warrant service-connection, not chronic illnesses in general.

Vike 17

Edited by Vike17 (see edit history)
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Patrick,

You can and should request an increase in evaluation. However, according to the regulations the VA must determine how much the headaches have progressed iwithout the car accident. Does that make sense? For example, let's say you were origanlly awarded 10% for your headaches, then a year later you had the car accident and that contributed your headaches to be come 30%. Then three years later your headaches progress to the point of 50%. The VA would have to determine how much your headaches progressed in percentage without the car accident. In your case the VA would have to somehow subtract the 20% (10% to 30%) progression due to the car accident, providing there is ample documentaion that states the car accident hadcaused your headaches to progress further. Now, if there isn't any substantial documentation of how much your car accident had caused the headaches to get worse, then the VA would probably just omit the accident and increase them without making any reference to that accident. I hope I didn't confuse you. I think the regulation I posted down below is the one that pertains to you.

§3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300©, disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

(B) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level. (Authority: 38 U.S.C. 1110 and 1131)

© Cardiovascular disease. Ischemic heart disease or other cardiovascular disease developing in a veteran who has a service-connected amputation of one lower extremity at or above the knee or service-connected amputations of both lower extremities at or above the ankles, shall be held to be the proximate result of the service-connected amputation or amputations. (Authority: 38 U.S.C. 501(a), 1110-1131)

[44 FR 50340, Aug. 28, 1979, as amended at 66 FR 18198, Apr. 6, 2001; 71 FR 52747, Sept. 7, 2006]

Jstacy,

The presumptive regulations list specific chronic illnesses and diseases that warrant service-connection, not chronic illnesses in general.

Vike 17

I did not mean any chronic illness, Only the conditions listed in 3.307 / 3.308 / 3.309 are covered.

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