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VA different higher normal HBP/HTN for vets 1 2
By Dustoff1970,
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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
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Tbird, -
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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.-
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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”-
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Tbird, -
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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 rating
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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.
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Question
allan
Why IMO "is" being rejected?
I had a new PCP assigned recently.
According to my records, a pain level of "1" was entered without asking me what level I was experiencing.
"No pain" was also entered, and the Dr stated, "sustained action opoid medication no longer needed".
He said I would have to get "all" my pain meds from the local Dr from now on & pay for it myself. He commented verbally, that's what happens when you go "outside" the VA for medical opinions & pain medication.
He than accused me of trying to double up on two completely different pain prescrptions, in the same month, by going through two different Dr's at the same time.
He accused me of not notifying the VA I was receiving a VA banned medication,(oxycontin/long lasting_20mg),
and failing to sign a, "release of information" form for my private Dr to get copies of my records & prescriptions. When I told him I keep an up to date hard copy of all my VA med records & faxed what was requested to the private Dr.
His reply was, "vets can alter records to say anything". (Does that sound familiar?) According to him, only VA can send VA medical records to my private Dr.
He states, "thats the only way VA can be sure the records the Dr receives are authentic".
Medical records by this new PCP also state, "patient does not have hypertension or diabetes as previously diagnosed." No medical bases or explanation was given.
The Dr also stated, "patient has no voiding problems and no bowel problems." Than he declined to fill a prescription for guards and said, "the Dr that diagnosed me with MS didn't even examine me."
My voiding problems are currently rated 20%SC for residuals of an inservice testicular mass, epididimitis/orchitis/orchalgia. This has been in effect for over 10 yrs.
He states,"occasional nausea" & refilled the 24X7 prescriptions for meclizine & ducosate.
He also asked if I paid for the IMO, or did the VA. He didn't like it when I said I did.
Betty fought with them for over a week trying to get them to pay for it, but finally gave up & paid for the slow release & the breakthrough pain med herself.
When I left the clinic, I knew I wasn't going back untill I get some medication that will keep me out of jail.
I called mental health at the VA, they said I couldn't get an appointment until I speak with my PCP for a referal.
So I ended up calling the patient advocate & requested a change of Dr's form.
These boneheads have been treating me for MS & chronic pain, since 94' & I've had a solid diagnoses since 2005.
Not sure what their trying to pull, but I bet none of it is legal.
Pure harrassment.
Thanks for alowing me to post this update.
Allan
PS....has the VA stopped treating vets diagnosed with multiple sclerosis by an IMO?
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