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Ray B. Davis
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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
VETERANS RESOURCES NETWORK
http://www.valaw.org
Dear Readers,
We had sent information yesterday (5/8/08) that the Federal Circuit
Court of Appeals had overturned the Haas case decision (see our
message archive message 1236 at:
http://groups.yahoo.com/group/raybdavisjr/message/1236 ).
The NVLSP ( National Veterans Legal Services Program) says they will
be appealing this case.
See:
http://www.nvlsp.org/Information/ArticleLi...terVets0407.htm
(sometimes long links do not work, if this happens just go to
http://www.nvlsp.org and search for article. ).
(Also complete article copied below my name.)
There is still hope of winning, but it generally takes years to appeal
a case up to the Supreme Court, so expect no decision for 1-2 years if
the Supreme Court decides to hear the case. As I understand the
process after a loss at the Federal Circuit Court of Appeals: you can
request reconsideration or a new hearing; or appeal to the U.S.
Supreme Court.
I hate to bring this up, but undoubtedly if there is a win at the
Supreme Court some veterans will die before the decision comes. This
makes it important for you to contact Congress and urge them to pass
H.R. 5892 which would allow your next of kin to continue your pending
VA claim after the death of the veteran; See our article archive
message 1233 at:
http://groups.yahoo.com/group/raybdavisjr/message/1233 .
Your editor,
Ray B Davis, Jr
http://www.valaw.org"
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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