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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
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Question
allan
http://www.dissvcs.uga.edu/whatabi.html
Acquired Brain Injury, Defined
Acquired brain injury (ABI) is the leading killer and cause of disability in children and young adults. More than two million head injuries occur each year. Statistics show that the highest rate of injury occurs in young men between the ages of 15 and 24. As a result, there is an emerging population of students with ABI on the college campus today. Due to the symptoms associated with their brain injuries, the Disability Services (DS) provides academic and support services to these students.
ABI is an impairment of brain functioning that is physically or psychologically verifiable. Common causes of ABI are brain lesions caused by traumas such as motor vehicle accidents, falls, assaults and violence or sports injuries. Other brain lesions can be due to internal events such as focal brain lesions, tumors, cerebral vascular accidents, aneurysm or infections of the brain. Another cause of ABI is ingestion of toxic substances due to either alcohol or drug abuse or exposure to toxic chemicals.
Students who have experienced a brain injury often enter or return to college with cognitive, psychological and/or sensorimotor disorders. Problems in the cognitive area usually pose the greatest challenge in the classroom. Although students may experience cognitive problems in such areas as memory, attention, and organization, they may still possess the abilities to succeed in an academic environment.
Differences between Acquired Brain Injuries and Learning Disabilities:
Students with Acquired Brain Injuries (ABI) and Learning Disabilities (LD) may, on the surface, exhibit similar cognitive deficits. However, the National Head Injury Foundation (BIA) cautions us to be aware of each population's unique needs. The BIA states, ". the cognitive profiles of students with traumatic brain injuries differ in important ways from profiles of [students] with congenital learning disabilities or developmental delays.
It is also suggested that a neuropsychological assessment be performed by a professional trained in such assessments. According to the BIA, "it is most important that assessment and evaluation procedures be comprehensive and that those specialists administering such tests be acquainted with the unique needs of this population." (1988)
Service providers should be aware of the differences between students who have ABI and LD. Students with LD have usually lived with the disability all their lives. However, students with ABI have experienced a trauma and must reorient their lives accordingly.
Differences between ABI and LD:
1. ABI can have an academic profile which changes frequently as recovery occurs over time necessitating ongoing program changes. This invalidates a rigidly sequential curricula for most ABI.
2. There is unpredictable progress for months and years after the injury, based on the neurologic recovery. Therefore, the pattern of academic functioning over time may be quite different than most LD.
3. Assuming there was pre-traumatic mastery of a process or concept, ABI often reacquire some material rapidly despite significant processing and learning problems acquired after the injury. The curricular emphasis for LD is thus inappropriate for ABI.
4. In the early months following ABI, there is more confusion, disorientation and lack of control than LD. Further, ABI might be more impulsive, hyperactive, distractible, verbally intrusive and socially inappropriate than LD.
5. Students with ABI may have to change a thoroughly habituated learning style that is no longer useful after the injury.
6. There are different emotional stresses in that ABI have to deal with a loss of capacity along with ongoing experiences of failure and frustration.
7. There are more extreme discrepancies in ability levels for ABI.
8. ABI may have more problems generalizing and integrating information. ABI may need more individualized teaching, reteaching and monitoring.
9. ABI may need ongoing monitoring of tasks requiring independent thinking and judgment.
10. ABI may have difficulty processing information because their comprehension is decreased with more complex material.
11. ABI may need more compensatory strategies because of impaired memory, problems with word retrieval, information processing and communication.
12. ABI may have more difficulty with organization of thoughts, cause- effect relationships and problem-solving.
13. ABI may be resistant to new, easier techniques and learning strategies because they want to use their pre-trauma techniques and strategies.
Students who have ABI may have problems in the following areas:
Cognitive:
communication and language
memory
comprehension (especially learning new information) perception
short attention span
concentration
distractibility
expressive language skills
organization, planning, and decision making
judgment and reasoning
flexibility (adjusting to change)
studying and academic skills
Physical:
vision, hearing, and speech
coordination
balance, strength, and equilibrium
limited movement/motor function - walking, writing
eye-hand coordination
spatial orientation
seizures
fatigue (sleep disturbances)
weight
Emotional:
denial
depression
anger
fear
self-esteem self-control awareness of self and others
interest in activities and social involvement
family relationships
age-appropriate behavior
post-traumatic stress disorder
social isolation
Environmental:
noise
temperature
visual distraction
unexpected change (class location moved, class canceled, etc.)
inadequate support/information/transportation
misunderstanding by others/rejection
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