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It's A Medical Miracle..!
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
From CCK-Law.com
VA Disability Payment Schedule for 2025
VA Disability Rates 2025- 2 replies
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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.- 4 replies
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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
jecsb4
Boy did I get hosed by ….
I got bush whacked by QTC! I currently have 10% for bilateral hammertoes, 10% bilateral bunon surgery and 30% bilateral pes planus w/ plantar fasciitis! Well I asked for a relook based on new evidence – the evidence was pretty significant – the VA podiatrist listed all my feet issues mentioned above along with posterior tibial tendon disfunction – bilateral, and other things and wrote that no question my feet were SC.
So, I felt I should get the higher rating. SO the VARO sent me to a contracted internal med dr! Well I just got the results via FOIA. It’s a medical miracle!!!
Dr. said I had no hammer, bunions, metatarsalgia. And my flat feet went from bilateral to just one foot! My plantar fasciitis stayed the same.
Earlier this week, I gave to my VSO a IMO from a podiatrist that has done the actual surgery on me for hammer and bunions! The ones that don’t exist anymore pert the internal med dr! My doctor said my feet were in the top of the list as being severe for my numerous feet issues. The IMO is worded strongly to leave no doubt of the severity and the proper rating. Anyway I turned in the IMO with my statement. My feet are worse since their rating decision and my Dr even took pictures which I submitted along with some that I had taken.
So, will the VARO go with what my doctors (including what the VA foot doctor) says or just go by what this contract doctor said. This doctor is the only one who has denied my claims.
Will they actually try and reduce my rating? The preponderance of evidence is on my side. If they deny my recon and worse try to reduce me, I think I will try to have a local hearing.
I know for one thing, flat feet, hammertoe and bunion surgery doesn’t just go away, unless you surgery remove the limbs.
In my SOC , the VARO determined my feet increased to a 30, but now that this one doctor says otherwise, what will they do? What is my best approach to this, wait for their decision, get another opinion. See what they do with my statement and IMO, or file even more feet claims for week feet (ankles give out, and I also have a dropped foot condition.), and for Foot Injury Other (tendon tears) . I included all of that in my info and wanted them to basically count all of that as a whole to see how it effected my flat feet vs additional separate claims. Was that a good strategy? Should I change course? Ask my doctor to refute these new "findings"?
Thanks all.
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