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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
Berta
The COlonel's comments on his email to me say the main point of how critical TBI info is-
VA has spent millions recently on State of the ART equipment to properly assess TBI issues in veterans.
(Note: Proof of a concussion during military service, may help you get service connected if now diagnosed with depression) comment from Col. Dan-he is right!
"also see: www.washingtonpost.com/wp-dyn/content/article/2007/05/31/AR2007053101608.html
www.medscape.com/viewarticle/558116
http://www.nationalpost.com/news/story.html?id=247140
Effects of concussions can be long term
When athletes get depressed after suffering a concussion, coaches, other players and even doctors tend to take the symptom lightly, writing it off as a psychological fallout of being sidelined from the game.
But a new Canadian study suggests depression is actually a physical outcome of such head injuries, which appear to undermine activity in key regions of the brain.
Using sophisticated MRI scans that track cerebral function in real time, the research by the Montreal Neurological Institute focused on elite-level athletes. The results, though, have "huge" implications for the general population, given the large number of people who suffer mild head injury, says Dr. Alain Ptito of the McGill University institute, the study's lead author.
He said he has also offered to study Canadian soldiers returning from Afghanistan, many of whom he suspects have endured concussions with potentially serious consequences, and do not even know it.
"They have all this body armour and reinforced vehicles, but warfare has changed and they have these improvised explosive devices and it's like the soldiers are in this tin can and their brains are shaken, but nothing is apparent," said the psychiatrist. "Then they have all these symptoms and they can't explain them."
The findings of the study, published this week in the journal Archives of General Psychiatry, suggest that people with such depression should be more aggressively treated.
The link between depression and concussion -- indicated in some previous studies -- has sparked much controversy lately in the United States, where the National Football League has downplayed the injuries' long-term effects. The issue coalesced recently around Andre Waters, a former NFL safety who committed suicide in November. He had been depressed for some time, and has said he suffered more than 15 concussions during his career.
Chris Nowinski, a former college football player and WWE pro wrestler who has championed the cause of concussion in sports, said yesterday he has spoken to former high school players who sustained multiple concussions and still have depression problems in middle age. Organizers at all levels of contact sport should pay heed to the Montreal study, he said.
"That kind of evidence is extremely powerful to support the concept that concussions are far more serious injuries than we've been treating them," said Mr. Nowinski, author of the book Head Games: Football's Concussion Crisis.
Dr. Ptito's research looked at 56 male athletes, 40 with concussions. Of the latter, some reported no depression, while others were classified with mild or moderate depression, according to their answers on a questionnaire.
They were also subjected to functional Magnetic Resonance Imaging (MRI), which tracks brain activity as the subject performs a mental task.
The tests revealed that all the depressed athletes had reduced activity in the areas of the brain that have been linked to major depression. Further analysis found lower grey matter density in those areas, too.
The results could likely also be applied to the "epidemic" of Canadians who suffer mild head injuries in car accidents, workplace mishaps and the like, Dr. Ptito said.
tblackwell@nationalpost.com"
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.
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