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In a previous post, I talked about the only two legal processes through which a Veteran can raise a claim for an Earlier Effective Date. Reprinted with Permission from Veterans Law Blog While there are two legal processes to pursue an earlier effective date, several legal theories can be used in those processes. Here are 2 of the most common legal theories to argue for an Earlier Effective Date in a VA Disability Compensation Claim. 1.) Reopen your claim and prove service connection based on military service records or service medical treatment records. This is one that the VA hates. Here’s how it works. You, the VA, or any thi…
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The VA C and P Exam is not about convincing the Dr. your injury is service-related. It's about letting them conduct their exam and come to their conclusion. What is that Perspective? Honestly, it comes down to recognizing that the purpose of the VA C and P Exam is NOT to convince the doctor that your injury is service-connected but to let them conduct their exam and draw their conclusion. Ultimately, your current disability is or is not related to military service. Regardless of what the doctor says or what the VA Rater says, the limitations or symptoms are either related or not to your time in service.” Chris Attig Veterans Law Blog A doctor’s op…
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Everything Veterans Affairs does with your service-connected disability compensation claim is governed by law. You may want to bookmark this page as a reference as you proceed with your claim. It can be a bit daunting. Just remember, the U.S.C. is the law, the C.F.R. is how they interpret the law, and last but certainly not least is the V.A. adjudication manuals, which is how they apply the law. The law's section covering veteran's benefits is Title 38 in the U.S.C. The C.F.R. is usually written 38 C.F.R. or something similar; V.A. frequently requested manuals are listed below. U.S.C. United States Code U.S.C.A. United States Code Annotated …
Last reply by Tbird, -
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VA Disability Claims Glossary will aid you as you pursue your VA Claim. There are words, acronyms, abbreviations, and more...the VA has its own language. VA Disability Claims Glossary VA Disability Claims When searching for information, it’s important to get the acronyms right. FR is Federal Register. CFR is the Code of Federal Regulations. U.S.C. is the United States Code. Pub. L. is Public Law. Stat. is U.S. Statutes at Large. E.O. is Executive order. Proc. is Proclamation sec. is a section of a Public Law or the United States Code Advance on the Docket A change in the order in which an appeal is reviewed and de…
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There is a different problem that is outside of VA Benefits. PCAFC is done by VAHA, not VABA. So, we have one more review problem. VAHA is not reviewable by law because medical reports are not reviewable even if they are clearly erroneous such as an Xray that is reported WNL and reviewed as such in you Primary Care visit record but clearly shows old bone injuries. A kidney that has been injured reported as WNL though the ultrasound clearly showed the injury enough that the technician called the Dr. for a look because the view mimics possible cancerous lesions. Medical legal reporting is not allowed to be done by the VAHA physicians. ROs and DROs can limit the examin…
Last reply by Lemuel, -
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Be clear in VA Disability Claims. If the VA needs to ask for clarification, it just slows the process. I want to share some insight on how veterans can help themselves get their claims through the system as quickly as possible. I will also share some of my frustrations with the many system-clogging claims that I receive and must address. First, here’s some general info on claims processing steps in my office: Next, for claims, the veteran’s C-file is retrieved from the files and sent to the development section. Development then sends a letter acknowledging receipt of the claim and lists the claims. This letter should also include the release of information form(…
Last reply by Tbird, -
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Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL This has to be MEDICALLY Documented in your records: Current Diagnosis. (No diagnosis, no Service Connection.) In-Service Event or Aggravation. Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service” This is also known as the “Hickson Elements” for a later case. Why you need to know: If all three of these things are not documented in your medical and service records, you will need to obtain this documentation…
Last reply by Tbird, -
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To file a VA disability claim and receive compensation, you must have all of the following: A current physical or mental disability. (List of disabilities rated by the VA 38CFR4 Schedule for Rating Disabilities) See Caluza Triangle An injury or disease in service that caused a disability or aggravated a disability that existed before service. An important point to make here is that if the military said you were fit to serve and did not note any existing conditions, the veteran has the presumption of Soundness. Here is an excerpt from M21-1MR, Part IV, Subpart ii, Chapter 2, Section B. The presumption of soundness means that the Vetera…
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When a Veteran starts considering whether or not to file a VA Disability Claim, they tend to ask many questions. Over the last ten years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog] 1. What benefits do you get from a VA Disability claim? There are several major categories of VA benefits you can get when you file and win VA Disability claims. You should look at the VA’s “derivative benefits matrix” to see what other VA benefits you may be eligible for from the VA. CATEGORY 1: Non-Service Connected Pension. These benefi…
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How Does VA Rate Mental Health Conditions? Aside from eating disorders, the VA rates all mental health conditions using the same diagnostic criteria. Mental health conditions are rated at 0%, 10%, 30%, 50%, 70%, or 100% using the VA’s General Rating Formula for Mental Disorders. These ratings are based on the social and occupational impairment level a condition presents. For example, a veteran experiencing mild symptoms or whose symptoms are well controlled by continuous medication may receive a disability rating of 10%. Veterans with more severe symptoms—such as an intermittent inability to perform the activities of daily living or suicidal ideation—may receive a 10…
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One afternoon a few years ago, I Googled "I've had it with the VA." That simple "search" born out of utter frustration led me to "Hadit.com." And there it all started! As of two weeks ago, I'm rated 100% (long overdue). And I am still NOT done with the VA. From Member Ping Juice Greetings: I am grateful that one afternoon a few years ago, I Googled “I’ve had it with the VA.” That simple “search” born out of utter frustration led me to “Hadit.com.” And there it all started! As of two weeks ago, I’m rated 100% (long overdue). And I am still NOT done with the VA. …
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There have been some changes within the VA appeals process. It is no longer referred to as such; it has undergone a significant transformation and is now known as the decision review process. This change was implemented to make the process more efficient and effective for those involved. Suppose you disagree with a VA decision made on or after February 19, 2019. In that case, rest assured that you have multiple options available! The decision review process has been designed to provide three distinct avenues (Supplemental Claim, Higher-Level Review, or Board Appeal) for you to continue pursuing your case. Each option provides different advantages, and you can se…
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