VA Disability and Workers Comp partial disability settlement, do they conflict?
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  1. #1

    Question VA Disability and Workers Comp partial disability settlement, do they conflict?

    I just recently filed for disability for spinal arthritis, and I was surprised at how quickly I got a 20% disability rating. It was a pleasant surprise.

    Back in September 2013, a dock I was walking on broke and I got a severe ankle sprain. This happened at work in full site of several people, I was taken to the hospital via ambulance and later diagnosed with a sprain. I had two scans of the ankle a few weeks apart. The second was an MRI, the first was something small done at the ER.

    Well, now that my osteoarthritis will probably keep me from doing police work or other dynamic jobs that require a physical, I have decided to contact a lawyer about my ankle. Why? Because it's very painful and weak to run on, even after physical therapy and stretching/exercise on my own.

    That is pretty cut and dry.

    My lawyer also asked me if my back hurt especially bad immediately following the accident. i said NO, but the pain and stiffness has increased in the 19 months following the accident.

    If my lawyer files a claim for aggravation of a pre-existing condition (spinal arthritis from VA) on top of the ankle...could I lose my VA disability rating and benefits I've received?

    If so I wouldn't bother workers comp about my back, seeing that it's not worth losing my VA disability.

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  2. #2
    Phantom Blooper
    Guest Free Member
    I would say no....however call 1800 827 1000 for clarification....the reason for my no is that since you are only at a 20 % rating and still employable you should be able to draw WC since you paid into and was injured on the job....you can't help that it was the injury/disease you filed claim on since they(VA) said you are still able to work....now if you are totally incapacitated it maybe the time to use your WC medical paperwork and refile another claim with the VA.

    But...I would still call and speak o counselor with your VA file # for clarification.Good luck!


  3. #3
    contact an American Legion service officer BEFORE you go messing with an attorney... you could find yourself in a situation whereby you have to REPAY the entire amount that you get from any lawsuit to the VA if your WC is due to a Service Connected disability for which you are receiving VA compensation. Not many attorneys are familiar with VA law and regulations, but an AL service officer should be up with the VA regs.....


  4. #4
    Quote Originally Posted by oldtop View Post
    contact an American Legion service officer BEFORE you go messing with an attorney... you could find yourself in a situation whereby you have to REPAY the entire amount that you get from any lawsuit to the VA if your WC is due to a Service Connected disability for which you are receiving VA compensation. Not many attorneys are familiar with VA law and regulations, but an AL service officer should be up with the VA regs.....
    Thank you Master Sergeant. I'm going to do that.


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