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Question about Gunsmithing incident through VOC Rehab


flores97

Question

This is a complicated question, thanks in advance for any advice. My father, who is also a disabled veteran, was approved to take gunsmithing course with AGI through VOC Rehab. My dad was carries a 45 SIG that he uses for his gunsmithing classes. Well, several days ago his 45 discharged and my father was hit in the leg, the bullet traveled down his leg and exited through the bottom of his right foot, severely damaging muscles and bones both in leg and foot. My question is, does anyone think its possible for him to qualify for temp 100% due to the fact that he has the weapon for gunsmithing course and had been working on it prior to discharge (to the weapon firing)? As stated, he takes gun smithing through approval of VOC Rehab. Thanks in advance for any response, and I apologize for not posting on the forum for the last few days, been tied up with fathers injuries. 

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As you know , Voc Rehab regs do cover many things that can cause disability during Voc Rehab.

But this is certainly something I never heard of before....

Was the gun supposed to be loaded specifically for the course? Did it happen during an actual lesson?

These could be the main factors in determining if he has a SC claim.

I am so sorry to hear this. I will find the Voc Rehab regs tomorrow and post them here.

 

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I forgot I might not be here tomorrow    ...additional disability due to Voc Rehab is  covered by Section 1151 of 38 USC:

http://codes.lp.findlaw.com/uscode/38/II/11/VI/1151

I sure hope others chime in....I couldn't find anything at BVA on 1151 and Voc Rehab at all.

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http://www.benefits.va.gov/vocrehab/eligibility_and_entitlement.asp

I am not sure this says anything about it?

I would think if he is in Voc Rehab for gunsmith and accidently Shot himself   I think he could get Temp 100% for ever how long it takes to recover from his injurys.

Check with the VBA usually located at the VAMC   

when you go do early b/c they go by first come first serve  just check in at the VBA window.

I had a friend that acidently shot himeself in the leg...he always take his 45 with him to work  and has it by him in is truck, he take it out of his truck every evening when he gets home from work and puts in in the garage on a a high shelf...he did this for years...until one day he came home from work and did the usual   he went to put it up on the shelf and the gun fell off the shelf  strinking him in the front of his leg the bullet traveled in and up and out the back of his Knee   this was 2 years ago and they had to put a metal rod in his leg  and now he is having problems with the rod coming lose and will require more surgery...those bullets can be nasty...I was shot in the leg also but I recovered from it years ago.

Flores 97 I wish your Dad the best and he  can recover from it like I did   not like my friend has  he has been in pain ever sense this happen to him.

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Ms Berta and Buck, thank you both for your help and encouragement. My dad is extremely anxious and afraid of losing his Voc Rehab benefits due to the incident. Ms Berta, he takes the online gunsmithing courses, approved by VR, through AGI, I know he was using his 45 during his courses to practice on, he had taken it apart and reassembled the weapon prior to this happening. He said he was taking the weapon out of his hip holster, his fingers were nowhere near the trigger, and the weapon simply discharged. Im not certain if he did something wrong when he reassembled the weapon. Buck, when the bullet traveled through his leg and exited out the bottom of his foot, it destroyed quite a bit of muscle and completely shattered the bones in his foot. When he went to Urgent Care at VA today,  they let him sit there for six hours knowing he had ran out of his pain meds, then tried to tell us he had to go to the new VAMC about twenty miles away to get them refilled. I was furious and went to see the patient advocate, when that didn't work I found the hospital administrator and talked to her(I might have yelled a bit), and they ended up refilling his meds.

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9 minutes ago, flores97 said:

Ms Berta and Buck, thank you both for your help and encouragement. My dad is extremely anxious and afraid of losing his Voc Rehab benefits due to the incident. Ms Berta, he takes the online gunsmithing courses, approved by VR, through AGI, I know he was using his 45 during his courses to practice on, he had taken it apart and reassembled the weapon prior to this happening. He said he was taking the weapon out of his hip holster, his fingers were nowhere near the trigger, and the weapon simply discharged. Im not certain if he did something wrong when he reassembled the weapon. Buck, when the bullet traveled through his leg and exited out the bottom of his foot, it destroyed quite a bit of muscle and completely shattered the bones in his foot. When he went to Urgent Care at VA today,  they let him sit there for six hours knowing he had ran out of his pain meds, then tried to tell us he had to go to the new VAMC about twenty miles away to get them refilled. I was furious and went to see the patient advocate, when that didn't work I found the hospital administrator and talked to her(I might have yelled a bit), and they ended up refilling his meds.

Oops, didn't mean to hit quote. Ms Berta and Buck, thank you both for the links, I will be taking him to see his VR counselor (if I can walk tomorrow, pretty swollen from lupus at the moment), and either me or my mother will discuss options with her. It looks like VR incidents would definitely be covered under 1151, I believe he has a good chance due to the fact he only had the gun for his VR classes and was essentially using it to practice his gunsmithing on. 

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What brought me to this site is an interest to use voc rehab (ch 31) to complete the AGI gunsmithing course to get "gainful employment" on a gun range or gun shop. I'm a disabled Iraq vet and really passionate about working on gun range or shop, maybe even have my own! Any advice is appreciated. 

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