Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know
Tbird posted a record in VA Claims and Benefits Information,
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
Rating Issues
Continue Reading on HadIt.com-
- 0 replies
Picked By
Tbird, -
-
Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
- 4 replies
Picked By
RichardZ, -
-
Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
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”-
- 0 replies
Picked By
Tbird, -
-
Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
-
Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
-
Question
free_spirit_etc
IRIS REQUEST:
My husband requested copies of his C-file last year, and made a limited request for a copy of his discharge physical - relying on information that he might be able to get a copy of his discharge physical quicker than he would be able to get the rest of the C-file.
I also requested both after his death.
I understand it takes quite some time to process these requests. However, I would like to see if a copy of his discharge physical can be located and sent to me as soon as possible.
I had an appointment at the VA Friday, July 2007 at 9 am to view my husband's C-file. I had assumed I would be able to at least see and read his dicharge physical on that appointment.
However, we could not locate the discharge physical in his C-file. The Service Medical Records didn't seem to be in any kind of chronological order. I couldn't figure out what kind of order they were in - but I made sure to leave them in the same order as they were in the file. But I looked all through the SMRs and was not able to locate the discharge physical. XXX also helped me look - but could not find it.
I know there was one in his file at some point because a couple of his C&P exam reports reference the discharge physical.
It was pretty disappointing not being able to even see the report that we have been requesting for a year, after driving a 10 hour round trip to do so.
As that was the only paper in the file I was specifically trying to locate, and we could not find it in the SMR's - could someone please locate my husband's discharge physical and send me a copy when they do?
Thank you,
XXX
IRIS RESPONSE:
Dear xxx:
At the time of your visit and review of the claims folder any and all information was in the c file at that time. We have no way of locating a discharge physical for your husband. If he did not submit a discharge physical to us at the time he initially applied for benefits we would not have this information.
You reviewed the entire folder. The document you speak of wasn't there. There is nothing else that we can do. We will send you an application that you may contact the military and they may still have a copy of his discharge physical. But no veteran is required to bring a copy of such or file a discharge physical with the VA upon their discharge from the military.
Thank you for using our website.
Sincerely yours,
xxxx
IRIS REQUEST
Thank you for your response to my inquiry.
My husband went to the base he retired from and got a copy of all of his post service medical records last year. They informed him that his discharge physical would be part of his Service Medical Records, which he had to request from the National Record Center. He submitted a request to the National Record Center last Spring and recieved a reply that they do not have the records as the records are in the possession of the VA. So he sent a request for a copy to the VA.
If the discharge physical is part of his Service Medical Records - and his Service Medical Records are in the possession of the VA, it has been somewhat difficult for him to submit the discharge physical to you, as he has been unable to get a copy of it from you.
The discharge physical must have been in his C-file at one point because a couple of the C&P exams make specific references to something that was said in his discharge physical. My husband recieved his post service medical care from the Military Treatment Center at xxx AFB, not from the VA. So it would seem that the only way the VA C&P physicians would have access to his discharge physical to discuss it in their exams would be if a copy of it would have been in his C-file.
And as the discharge physical is part of my husband's Service Medical Records - which are all supposed to be in the possession of the VA because the VA became the keeper of those records once my husband filed his VA claim, I fail to understand how it was my husband's responsibility to send his discharge physical to the VA in order for them to have it in his file.
I did not have time to go through the entire C-file at the time of my appointment.xxx, who assisted me in viewing the file, showed me where the discharge physical SHOULD have been located in his file. However,it was not in the file where it should have been. Again, the SMRS were not in any particular order in the file. They all appeared to be together, but they were not in any chronological order, some were upside down, some rightside up, etc. which made trying to find something take longer - and I only had one hour to view the file.
xx even checked his dental record file to see if his discharge physical had accidentally been put with them.
It is my understanding that the Separation Discharge Physical my husband recieved upon his retirement from the Air Force would have been part of his Service Medical Records.
It is my understanding that the VA has in its possession all my husband's official Service Medical Records, which means we are now unable to get them from another source as the Va has the original documents.
It is my belief that the VA C&P examiners would have had to have read his discharge physical in order to reference it in their reports.
I find the fact that my husband's discharge physical cannot be located, and nothing can be done about it pretty disturbing.
Thank you,
xxxx
Ms xxx:
We have responded to your inquiry. We have reviewed the claims folder. There is no other information at this time that we can give you. You have reveiwed the claims folder as you requested. The information you want was not there. There is nothing else we can tell you regarding the physical examination report that you want. We can send you a form as indicated and you can send off for the record from the military.
Thank you for using our website.
Sincerely yours,
xxxx
Link to comment
Share on other sites
Top Posters For This Question
9
5
2
2
Popular Days
Jun 14
7
Jun 18
5
Jun 17
3
Aug 3
2
Top Posters For This Question
free_spirit_etc 9 posts
Wings 5 posts
Josephine 2 posts
71M10 2 posts
Popular Days
Jun 14 2008
7 posts
Jun 18 2008
5 posts
Jun 17 2008
3 posts
Aug 3 2007
2 posts
19 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now