Accident + Injury secondary disability due to medication intake

[tk3000]

Hello Folks,

I read in the the past in books or other sources, and it seems that there are fully developed cases and claims within the VA whereby the intake of medication (opioids/pain killers in particular) can supposedly play a substantial roles in an accident with a subsequent injury and disability. While it is true that the medication's prescription warns about such impairment one can not stop living a life or perform basic and necessary tasks (for what there is no substitute) due to such medications.  

It seems reasonable that whether one is riding a motorbike or operating a machinery and  then is victimized by a debilitating accident for which one could argued that the intake of pain killers played a substantial role in the  precipitation or occurrence of the accident, that then one could claim that the injury and disability caused by aforementioned accident shall be service connected as well.  

There are many questions   afloat from this argument, mainly questions of principles and cause/effect, for instance:  in these circumstances, while the burden of the proof lies with the veteran it would not be possible for the VA to prove beyond a reasonable doubt  the intake of medication did not play a role in the accident. 

Could anyone point me out to previous cases or scenarios of this nature, please?  How straightforward  or convoluted such cases can be?

 

Edited August 23, 2017 by tk3000

[Berta]

Buck, you are coreect. It was the widow Page 1006

I am still surprised at her DIC award. I believe she had a very concise IMO.

"The medication was used as intended, but I was under more than one type of medication (all from the VA) and they do interact with each other as well."

You should check each med you were on from the VA, to see if any were 'contraindicated', by something else VA gave you-meaning they were working against each other.

This was one aspect of my FTCA (Tort) and 1151 wrongful death claim.1997-1998

My evidence revealed that my husband's HBP meds (1151 award 2015) were contraindicated by 6 years of sudafed prescriptions from the VA at a high level ,for a condition  they said he had, but I proved he didnt have at all.

The sudafed raised his BP, and his VA  HBP meds were at the lowest dosage, and this proved the contraindication factor, which contributed to his death.( one of many malpracticed conditions the VA agreed had contributed to his death) 

 

[tk3000]

Buck52: I skimp through some of the post of this thread (my husband died in a motorcycle accident). And it seems as if his case was mostly related to the PTSD (however low his PTSD rating was [probably misdiagnosed ] ) and self-medication with drugs and alcohol. While it is astonishing that he was even performing motorcycle stunts when he died and she still won the case, his misbehavior could be attributed to the PTSD, self-medication, etc. But I agree that it would be a tough case to win.

 

jfrei: I don't recall the cause of the accident in the police report but have to find out; but I am not sure whether or not there is an explicit cause: I lost control in a curve an fall, witness indicated that I was riding slowly. It was winter time but the roads were mostly clear.

 

Berta: thanks for pointing the relevant thread "my husband died in a motorcycle accident". That was really a tough case to win since her husband was misbehaving and acting lawlessly while riding his bike.

I was taking medication for MH and pain (pain killer and muscle relaxant). And they have similar side effects that then stack up, moreover there are medication interactions (as you poointed out) that may even intensify or create more side effects than the sum of the parts. Nowdays, I avoid taking pain medication unless the pain is really high...

[john999]

If you could establish that your husband was suicidal that might be a defense against DUI.   Nobody knows how many PTSD vets use their cars and bikes to kill themselves.  Suicide due to mental illness can be service connected.

[Berta]

That is a great point.

I found page's DIC award info here:

https://community.hadit.com/profile/22871-page1006/content/?type=forums_topic_post&page=1

Apparently Bergmann and Moore helped her and she obtained a strong IMO from Dr. Brett Valette.

 

 

[jfrei]

On ‎8‎/‎27‎/‎2017 at 6:02 PM, tk3000 said:

Buck52: I skimp through some of the post of this thread (my husband died in a motorcycle accident). And it seems as if his case was mostly related to the PTSD (however low his PTSD rating was [probably misdiagnosed ] ) and self-medication with drugs and alcohol. While it is astonishing that he was even performing motorcycle stunts when he died and she still won the case, his misbehavior could be attributed to the PTSD, self-medication, etc. But I agree that it would be a tough case to win.

 

jfrei: I don't recall the cause of the accident in the police report but have to find out; but I am not sure whether or not there is an explicit cause: I lost control in a curve an fall, witness indicated that I was riding slowly. It was winter time but the roads were mostly clear.

 

Berta: thanks for pointing the relevant thread "my husband died in a motorcycle accident". That was really a tough case to win since her husband was misbehaving and acting lawlessly while riding his bike.

I was taking medication for MH and pain (pain killer and muscle relaxant). And they have similar side effects that then stack up, moreover there are medication interactions (as you poointed out) that may even intensify or create more side effects than the sum of the parts. Nowdays, I avoid taking pain medication unless the pain is really high...

Now the police report will have to list what they believed was the cause examples icy conditions defects with road or even issues with the car. Which none of those causes are willful misconduct and if you search on the BVA website for recent decisions in the past 15 years there will be lots of examples. They have to list what was the cause of the ancient if not you may have to hire a forensic investigator if you feel their were other circumstances that caused the accident. Ive done a search for you and came up with 2026 results just a quick check was your Blood sample taken to show your medication levels had they felt that was the caused the crash this would have been taken just my thoughts. Any vehicle accident is hard to prove and usually and sadly the Regional office wont help you and neither will a DRO review I speak of first hand experience with accident and the DRO sent in a question to general counsel who told her to deny. BVA are the only ones to show evidence to give the overall picture of what may caused the accident. I had a line of duty in my favor from my service department, a signed statement that the car had a defect by the manufacture, and a report from the police with a hired forensic investigator showing that my car had a known defect and caused my crash by the police. All that was denied at the regional office. It wasn't until I went to the BVA showing the same evidence I also never had a hearing skipped it.  It was granted there, but file the FDC not to be a negative nancy but to get to the quicker decision and ultimately a quicker route to the BVA. But maybe when you file the FDC if you have the police report and it lists what caused the accident maybe just maybe you could win your case but you have to have all the ducks in your row the VA wont give you an easy time. Another question who or where was the medication from? Was it given in service by your military doctors ? If its not to much to get specific cases what was the drug name? Your answer as the cause of this accident has to be stated in the police report its a part of an accident protocol.

[john999]

I was told by my pain management doctor and shrink at the VA that in Florida if I was impaired due to use of VA meds and got pulled over I would be in trouble.  One thing about some of my pain meds is they affect my coordination even when I take them as directed.  If I had to get out of my car and walk I would be in handcuffs.  I am not impaired mentally but I tend to stumble when under the influence of meds for chronic pain.   Needless to say I obey every traffic law and don't drive late at night when the bars close.  I don't drink alcohol either because I know if I get pulled over I am a dead duck.  Pain meds,  muscle relaxants and anti-anxiety drugs all combine to screw up your ability to walk and keep your balance at least for me they do.  I wonder what antidepressants do to a person's coordination because I take a lot?   I am surprised that any vet who is DUI from drugs or alcohol and has a wreck even if it due to PTSD would get a break from the law or the VA.  I was told by a lawyer not to submit to tests for DUI.  Make them get a warrant to take your blood or urine.  That gives you more time to get straight.   You do lose your license for a year but may avoid a DUI conviction.  My old pain management doctor told me the same thing.