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
Berta
I filed my 14.633 complaint in October and never read this before at the OGC site or the Federal Register site:
VA Published Accreditation Regulations
On October 12, 2007, VA published in the Federal Register final rule AM29, Accreditation of Service Organization Representatives and Agents, amending 38 C.F.R. §§ 14.629 and 14.633. The final rule will: (1) require veterans service organizations (VSO) to periodically recertify the qualifications of accredited representatives; (2) require VSOs to notify VA's Office of the General Counsel when a VSO's request to cancel a representative's accreditation is based on misconduct or lack of competence; and, (3) add procedures for suspension of accreditation and reinstatement following suspension.
After publication of the proposed rule, the President signed Public Law 109-461 amending chapter 59 of title 38, United States Code, governing the representation of veterans before VA. As a result of these amendments, proposed procedures for the periodic recertification of agents were dropped from the final rule.
In comments to the proposed rule, VSOs expressed concern regarding their ability to recertify representatives in a timely manner. To address this concern, the rule is effective 90 days from the date of publication, January 10, 2008. Moreover, compliance dates for recertification of accredited representatives will be phased in over a 15-month period according to the first letter of the last name of the representative and the first group of recertifications, for those representatives with last names beginning with the letters A through F, must be complete not later than April 9, 2008. For questions regarding this rule, please call VA's Office of the General Counsel at (202) 273‑6315.
(Link to full text of final regulation)
from: http://www.va.gov/ogc/accreditation.asp
Whoop ti DOOOOO - the rule will take time but still here is some oversight on these reps from the OGC---
If lawyers have to take tests to rep vets then vet org reps should be tested from time to time too----
they all have about a year to get up to speed.
Good news that I just found thanks to Carlie!
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.
Link to comment
Share on other sites
Top Posters For This Question
3
1
1
Popular Days
Dec 28
3
Dec 27
1
Dec 29
1
Top Posters For This Question
Berta 3 posts
carlie 1 post
luvHIM 1 post
Popular Days
Dec 28 2007
3 posts
Dec 27 2007
1 post
Dec 29 2007
1 post
4 answers to this question
Recommended Posts