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Admitted Into The Hospital
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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
Cherie33
Good Afternoon All,
On Dec. 28, 2007 - I began having chest pains, my blood pressure went up, my chest felt as if someone was sitting on it, I felt hot all over, I was dizzy and felt as if I was going to faint.
To make a long story short, I was very hesitate to call 911, because I wasn't sure what was going on. But because after hours of feeling this way, we decided to call 911. The resue came and told me that they thought that I should go to the hospital. So, I went. The emergency room immediately began running test, and utimately decided to admit me for more test. So, I spent 5 days in the hospital. I was released on Jan. 2, 2008.
While I was there, my mom contacted my VA Primary Care Dr. and he told me to stay in the hospital until they found out what was going on. And that the VA should cover the cost. (Being that the nearest VA Hospital is in Gainesville, FL. Which is about 1 1/2 hours away from me.)He also told me to talk to a Social Worker in the hospital and let them know that I am a disabled vet and to contact the VA in Gainesville. I did speak with a social worker and she said that the VA usually does cover the cost when you are admitted for observasion and additional test.
Well, I received a letter in the mail today from the Gainesville VA stating that and I quote:
Claim has been disapproved.
Payment may be made only if all three of the following criteria are met; (1) Care or services were rendered for an adjudicated service-connected disability or for any condition of a veteran who has been determined to be totally and permanently disabled as a result of a service-connected disability; (2) Care and services were rendered in a medical emergency of such a nature that delay would have been hazardous to life or health; (3) VA or other federal facilities were not feasibly available.
Unquote
They sent me a letter of my appeal rights. I'm not sure of what to do. I do not have any medical insurance besides the VA. And when I saw one of my doctors, she felt as if I had a Panic Attack (which is one of my disabilities)
I need some advice...Please help.
Thanks,
Cherie33
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