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Requested In N.o.d An Increase & A Hearing At My Local Varo
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Bound4heaven,
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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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Tbird, -
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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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Tbird, -
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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 rating
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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.
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Lemuel, -
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Question
Bound4heaven
Greetings,
on my last ratings for increase I received 2 weeks ago they only address 4 issues (the rest of the issues were deferred until my last 2 C&P exams after the issues with the reckless C&P exams from the N.P who is now fired because I would not let a sleeping dog lay)
I sent back to the VARO a N.O.D the same day. In this N.O.D (I adressed the issues they denied and pointed back that the N.P who performed these C&P exams has been fired becuase of incompence and that we should wait until the final report from the C&P exam coming the following Monday. I also requested a Personal hearing before my local VARO)
I had also received under FOIA 2 physical capacities evaluation reports that were fillled out by 2 of my VA doctors that my attorney had sent to them in May 2005 that were used to get my SSD approved.
These reports were awsome and detailed the extent and severity of my disabilities. I used the reports as addtional edivence and requested a personal hearing at best possible speed, because I wanted somone at the VARO to not only hear me but to see me.
I know some might say I shold have asked for a dro, but I am tired of the RO not getting things right and going through this for another year or so. Should I submit this new edivence or wait for the personal hearing to submit this?
GOT TO LOVE THIS ONE: I sent a letter to the Medical Director at my VAMC (I got to know him well and met him at the meeting we hall had together. I believe audio taping that meeting gave me more leverage then could havd been imagine for my increase and my 1151 & Federal TORT Claims( Thanks BERTA). I got to stop rambling. I asked in this letter if I could have my wife present at my last 2 C&P exams, and guess what. I got a call from the director of the C&P clinic saying that it was fine to bring my wife. I asked him to fax me that in writing(I have learned if it's not in writing it didn't happen). I got the fax. ( They refused to allow my wife to be present at my last C&P) My wife is great with facts in regards to my disabilities.
One last question. I am considering beoming a Service Officer for The National Veterans Organization of America. It would be part-time and I could do it from my home and it's all voulenteer upon my part. They seem or appear to be veteran minided and not afraid to voice their opinion in regards to the VA. Does anyone know or have dealt with them? All there training is done in my home except I will have to go for a 3 day training after I complete the courses.
All I know I have got what I have gotten not from SOs but by not allowing the VARO to intimidate me and standing on what is right and geting advice from many here at hadit and using the regs. I had 4 SOs over the past 10 years and in honesty ther were useless. I have obtained 100% T&P without any SO, so I believe I know what not to do I am tried of going to the VAMC and seeing so many Veterans that have given up on the VARO claims process and they feel defeated and cannot mentally handle it anymore. We all have been there. Thank you all and God bless you.
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