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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
Ricky
Just wanted to complain I guess----- It has now been 14 months since my DRO hearing and still no decision from the VARO!!!! Wow now I call that a backlog!!!!!
My claim was assigned a docket number over 3 years ago cause I had to send in the form 9 well before they gave me the DRO hearing that I had asked for in my original NOD. So the file sat at the VARO with a docket number for 2 years and then low and behold they called me and said "hey we forgot to give you your DRO hearing that you asked for." No joke Henry!
Well the DRO held the hearing and said this is all messed up but you will get a decision soon. I guess 14 months just does not meet the definition of "soon." One would wonder why the BVA has not raised an eye brow since the thing has a docket number that was assigned 3 years ago.
In the past couple of weeks my calls to the new improved high-speed call center have revealed that "a decision was already made in 05" (yep sure was on the original claim!!), to "it is ready to rate", to "the DRO is looking at it now", all the way to "your file was transferred to the BVA in 05 sir and we can not provide you with any information" (the file is still at the VARO and has never gone anywhere).
Backlog or incompentence? Anyone's guess is as good as mine. I think that my name might be to well known at the RO. Since I have a little better financial situation than most that I help, my wife and I regularly take them on the 500 mile round trip for their hearings. Even if we have those 0800 hearings we will foot the bill for a couple of motel 8 rooms just to insure they are there on time. I also appear at the hearings with them cause the vets have a very hard time responding to the idiotic decisions they have been given in their original claims. I used to not attend the hearings but after a couple of them came out crying and telling me what was said and done to them during their hearing I refuse to allow the incompentent SOB's do it to another veteran.
A friend of mine (non-veteran) said to me "you know if those VA people you deal with were a private business they would have been sued, charged in criminal court and out of business by now!" I think that says it all. If only we did have some legal recourse with a bite! hahahahahaha Oh well thanks guys for letting me rant for a while. It seems that these days I do not have much time to sit down and go through my file as I have had tonight. Guess it is a good thing that I don't cause it sure is depressing.
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