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
winger
Hi folks,
this is mt first post please bare with me.
I Was awarded PT&IU on 4/18/02 after I applied for an increase on a bilateral shoulder condition , which I was medically discharged from USMC on2/76 TDRL first then VA picked it up an gave me 50% and have held that since 30yrs+.
The increase I applied for in 2002came back rated 60/40 PT/IU I Have also held that since that date. Well back in 4/08 I received a letter reducing my rate back to 60% because of 2140 employment questionnaire they said they did not receive. I did mail it like I always do but, I Guess it didn't reach them. Immediately hand carried a new one the day after I got their letter
and got a stamped and received copy of the 2140. Now this was all supposed to go away as soon as the paperwork caught up. The told me at the Varo This should not be a problem and I asked for a letter of proof of 100% for my life insurance so they would continue paying my premiums. They gave it to me with no problems. I know this is wordy but please read on.
The problem started when the exam scheduled for me because of questionnaire was still on. It should have been stopped along with the other proceedings. When I called the VARO I Asked why it was still on and the rep said because the 2140 was not in , again I told him it was and have a stamped copy. I Asked him again and was told the exam would continue because someone on the rating team wanted it to and no reason was given. So I went to DAV and let them represent me. I also went to C&P which was for IU. By the way the day after my phone call to VARO about exam I received a letter that said periodically the VA reviews claims to verify the cond. and to see if its properly rated. I am rated for bilateral shoulder Postoperative status code 5202 Left at 30% ,right at 20% since 2/16 /76 . when I applied for an increase in 02 because my cond. had worsened-and it came back ; service connection for DJD rt shoulder 10% and SC for DJD left shoulder at 10%
They added the 10 and 10% for 10% which brought me to 60% and awarded me 40% IU P&T. I never applied for IU It Was give to me without the 8940 application for IU. I believe this is an inferred claim? Well after my C&P was done I got a call from the RO asking me to fill out the IU application because it was not done in 02 and they needed it for their records this didn't sound right so I asked what if I don't turn it in, He said it would go bad for me. then I asked him are you folks trying to take my IU away? The rep said No not at all we just need it for an up date This conversation is almost word for word, I also have his Name and what office he works in. So I receive the VA proposed reduction in rating for me. and under the evidence section there was my IU application form that was supposed to be for the 2002 records. also the c&pwhich was done poorly and by a GP doc. I logged a complaint with the pat adv. at Hosp. What the Va is saying is that because they added the djd to my postoperative status it is pyramiding therefore it is considered a CU&E based on the 2002 records. I have held my 100% for over6 yrs. I am currently waiting for a date for the predetermination hearing at my VARO. The DAV submitted my disagreement letter on 7/20/08. The bottom line is my cond. has worsened to the point of only surgery to correct the problems . This was recommended by the VA orthro DEP and My Private MD. Two years ago I went to the VA for a orthro check up on shoulders at that meeting They said it could only be fixed by surgery and exercise but only come back if you want surgery. I have this report which the VA missed when the reviewed me for this reduction. Ok Sorry it was so long thanks for reading. I'm looking for advice, resources, any input would be most appreciated
Thanks WINGER 72
Link to comment
Share on other sites
Top Posters For This Question
6
2
2
1
Popular Days
Nov 10
3
Nov 9
2
Dec 18
2
Dec 16
2
Top Posters For This Question
winger 6 posts
Pete53 2 posts
Berta 2 posts
carlie 1 post
Popular Days
Nov 10 2008
3 posts
Nov 9 2008
2 posts
Dec 18 2008
2 posts
Dec 16 2008
2 posts
12 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now