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Blue Water Ao Vets
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
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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.
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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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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, -
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Question
Berta
"Rthomass wrote:
Stretch I have e-mailed and sent a priority letter to our Mr. Akaka. I am going to copy and paste to this reply. May I strongly suggest that all Veterans get off their duff's and contact Mr. Akaka and their Senators and Representative to protest Senate BILL S-2026. "
I am supporting his statement that this is a serious issue -very serious------
If you have not written to Senator Akaka please consider doing this because this bill ultimately AFFECTS EVERY VETERAN!
This bill defies Nehmer as well as Agent Orange.
It would alter the entire Nehmer COurt Order and Stipulation involviong retroactive payments.
It would prevent any AO vet who served in the Pacific during the war to attain VA comp for presumptive conditions.
Senator Akaka doesn't have a clue as to Nehmer or even Agent Orange in my opinion-some of the electronic vets' community thinks he has been bought- I dont- I think he was intimidated to sponsor this bill- it was not his idea-
If this bill passes this means ANY type of veteran's disability benefit can be done away with just through sponsoring a bill that could gain momemtum.
I see it this way-
the Federal Circuit Court is presently deciding if Haas will be upheld-
If it is , this will cost the VA money-who cares-
The money is the Deserved Compensation of Blue Water veterans exposed to Agent Orange who have made sacrifices incurring presumptive disabilities.
Isnt it odd that this bill was introduced on the heels of the Court's pending decision over the Haas litigation?
Anyone can readily the "nexus" Haas--------and the etiology- MONEY.
Please read the bill and then write to Senator Akaka and protest this ridiculous attempt to overrule not only any pending HAas decision by the court-but also the Nehmer decision- fought for so long and hard by NVLSP (whose is also fighting the VA's attempt to invalidate the CAVC Haas decision.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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