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-
- 1 review
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 reviews
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
brandon
DEAR VETERANS,we need to get our Message out, loud and clear,the only way Is to send out LOUD AND CLEAR, we need to form as a group,we need to march to Washington,we need to send out the message,Like the veteran did on CNN.If we stick together,Washington will act.Did Dr King.not prove It works,varo has records on all veterans,I was lucky I HAVE MY QRIGINAL FILES,,but that Is a good plus,however If I sent to varo,va will find something,they think they can use,IN my case,all are stamped,dated,by va,should that help,you bet It will,but wait, once It gets there,where does It go?va,bva,amc,and all others STICK TOGETHER,can we stop It? You bet we can .Want to take a test run? ok think about this, on December 1 -07 every veteran write 1 short letter,to WASHINGTON,to BUSH,think about this ,number 1, the post office will not be happy,1-point,2-point,sure will get Bush into the news,don.t wast you time with va,take action,I am 100%,never the less,I want all veterans to get what I have,I am a veteran,you all come first,In my books and I want yiu all to get your benifits and IF you want me ,I will stick withyou all the way,va tried to make a deal with me,va ,stated to call on a Monday,a few years ago.I faxed to va I do not make deals,If all veterans,can,t have the same treatment,,I want no part of any deals,yes I am 100%,i NEED NO C&P, AND MY 100% can not be taken away,way should I worry about you? why not just collect my 100%,and go about my business,go around the world a-space stay on any base cheap, and enjoy myself?why/ BECAUSE I am a veteran,IF you cannot get the same benifits I have my benifits bring no happiness to me,because of all of you,join me,look what the unions, did to get,better wages health benifits,they stuck toghter,as we all will BRANDON
Link to comment
Share on other sites
Top Posters For This Question
3
2
2
1
Popular Days
Nov 27
8
Nov 28
3
Top Posters For This Question
Speaking Out 3 posts
Pete53 2 posts
john999 2 posts
brandon 1 post
Popular Days
Nov 27 2007
8 posts
Nov 28 2007
3 posts
10 answers to this question
Recommended Posts