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
ronn
Recent VA News Releases
To view and download VA news release, please visit the following
Internet address:
http://www.va.gov/opa/pressrel
VA and DoD Pilot Single Physical
One Exam Used for "Fitness for Duty" and Disability Pay
WASHINGTON (November 7, 2007) - In a landmark agreement to simplify life
for service members with medical problems as they leave the military and
return to the civilian world, the Department of Veterans Affairs (VA)
and the Department of Defense (DoD) signed a memorandum to pilot a
single physical examination to be used by both Departments.
"This agreement commits VA and DoD to develop a single process to assess
the medical conditions of wounded, injured or ill service members," said
Acting Secretary of Veterans Affairs Gordon H. Mansfield. "We will make
it easier for these heroes to go back to their homes, with the key
questions about their eligibility for VA compensation already decided."
The agreement, signed Nov. 6 by Mansfield and Dr. David S.C. Chu, Under
Secretary of Defense for Personnel and Readiness, calls for a pilot
program to evaluate a single physical examination that would be used by
DoD to determine the medical fitness of injured personnel to remain in
uniform and by VA for awarding disability compensation.
Today's announcement continues progress on the recommendations of the
President's Commission on Care for America's Returning Wounded Warriors,
co-chaired by former Sen. Robert Dole and former Health and Human
Services Secretary Donna Shalala.
The pilot, which begins late this month, involves VA and DoD facilities
in Washington, D.C. Service members from the Walter Reed Army Medical
Center, the National Naval Medical Center in Bethesda, and the Air
Force's Malcolm Grow Medical Center at Andrews Air Force Base will
participate in the pilot.
Medical evaluations will be performed by VA, although the agreement
notes the physicals could actually take place in VA medical centers,
military installations, VA contracted examination centers or other
facilities.
The memorandum says the process "lays the foundation for building a
network of qualified providers and resources that will meet both DoD and
VA requirements and ease the transition of members from military service
to veteran status."
The evaluations will be based upon VA's system for disability
examinations and include an examination of medical conditions identified
by military physicians that call into question a service member's
fitness for duty, as well as other applicable medical conditions
identified by the service member together with VA.
To unsubscribe from this list, or to update your name or e-mail address,
please visit the following Internet address:
<http://www.va.gov/opa/pressrel/opalist_listserv.cfm>
<http://www.va.gov/opa/pressrel/opalist_listserv.cfm>
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Nov 7
2
Nov 8
1
Top Posters For This Question
Ricky 1 post
ronn 1 post
tssnave 1 post
Popular Days
Nov 7 2007
2 posts
Nov 8 2007
1 post
2 answers to this question
Recommended Posts