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
fanaticbooks
I have a website entitled howtoassemblevaclaims.com. It is intended to guide veterans/dependents in researching, organizing and assembling a va claim/appeal.
Right now, revisions are with the web designer. Included is information on USING AND FINDING A VSO.
Because I know a lot of you will never access my site, I am including here, an excerpt from what will eventually be added to it. My only concern is to help veterans, whether you go to my site or read it here. Either way is fine with me.
I wish you success.
fanaticbooks
EXCERPT from revision eventually going on howtoassemblevaclaims.com
******************************************
USING A REPRESENTATIVE
In this journey through the ‘undiscover’d country,’ your representative, better known as a Veteran Service Officer (VSO) can be a very welcome guide as you proceed on your quest. However, if the guide isn’t experienced, then he/she could cause you to lose your way.
I am not yea or nay on a VSO. We used one in our appeal, BUT I did a lot of the work for him because I didn’t want anything to be missed.
While visiting various veteran websites I have discovered that there are no specific guidelines as to how a VSO is trained or how well a VSO does his/her job. Whether you choose a veteran organization such as Disabled American Veterans, American Legion, or Veterans of Foreign Wars (to use as examples) or your state’s Veterans Affairs makes no difference to quality or the lack thereof.
Sometimes you don’t even have a choice depending on how the organization is set up. Sometimes, also, it is a matter of geography, where one center represents a territory with no other choices available.
In many instances, choosing yourself as your own VSO might be the better choice for the entire process or the majority of investigative research. It might be that you can combine the two, you doing all the labor and then getting someone to do the liaison with the VA.
If you do feel more comfortable having a VSO handle your paperwork and corresponding with the VA, let me make some comments and suggestions.
• Whatever organization you choose, the VSO should not charge you any sort of fee. Most organizations about which I know offer these free services to all veterans, whether a member of their organization or not. However, it is courteous and respectful if you are able to join that organization. Remember, veteran organizations work hard furthering the interests of veterans, either singly or as a group.
• Do not be afraid to ask your VSO questions. If you don’t understand an answer, request more explanation. If you have specific needs and concerns, broach them.
• Any correspondence with the VSO or the VSO with the VA, request a copy for your records.
• Keep in touch so you know what the status is. Do not leave the VSO out of the loop if you contact the VA direct. Let the VSO know what you are doing.
• Do not inundate the VSO with lots of contacts. Try to give all your information at one time. Don’t keep sending him bits and pieces that are not necessarily vital to your claim.
The VSO is trying to help lots of veterans. Every time he gets documents they have to be filed which takes up time that is better utilized by helping another veteran.
FINDING A REPRESENTATIVE (VSO)
When visiting various veteran websites, I have come across a common question,
“How do I find a good VSO?”
Well, that is a question that is hard to answer.
There is no set group of questions to interview one to decide if he/she is savvy, committed and TRAINED.
However, after broaching this very question on a few websites, I did get some common-sense suggestions for trying to evaluate if the VSO individually or the organization at your location of choice is going to be of help to you. I will list them here, in no particular order, so that you may study and perhaps find some t you can then utilize when beginning this search.
• First, BEFORE you start your search for a VSO, decide just how involved you want to be.
If you intend to do a lot of the work yourself with the VSO acting as the go between, then you will need to look for someone who will cooperate.
If you are unable to work any part of your claim and need your VSO to take it from soup to nuts, again you will need to look for someone competent, organized, and willing to take on the entire process. This will be someone who will also need to be willing to take it into the appeal process as necessary.
• The following are suggestions from veterans. They were kind enough to offer their aid as I requested. I thank them. I am leaving their names and the websites out to protect their privacy.
- Talk to veterans, especially veterans you trust. Ask them about their experiences with VSO’s and/or organizations.
- Go to a canteen at a VA Medical Center or go to a veteran center and ask if anyone has some names that could be recommended.
- Go on veteran websites (See Support Groups in STEP 6) and ask for anyone’s experiences with a VSO or organization in a specific area. This would be an avenue where you would receive a frank answer to questions you might have since the member of the website is usually anonymous.
- Assess a VSO’s characteristics:
When meeting with the VSO, do you feel your meeting is being crammed into a small amount of time with not enough allowed to complete your queries? Or does the VSO have the patience and provides you with the time necessary to explore your concerns.
Is he/she getting sidetracked while talking with you or does the VSO give you his undivided attention?
Does the VSO exhibit confidence?
Does he/she seem genuinely interested in your claim(s)?
If you phone the VSO, is your call returned within a reasonable amount of time?
Does he/she show competence in the performance of the job?
How do you feel working with this person---comfortable, intimidated, encouraged, patronized? Depending on your response you need to decide if you want to continue with this VSO.
- Another possibility is to go in to a VSO office just before it closes. Even if they don’t have the time then to discuss your situation, setting up an appointment for another mutually agreed time could offer insight into the office. How are you treated, courteous with interest in helping you or in a hurry to just move you out the door?
• Sometimes you have no real choice in the matter. Remember, though, you may have signed a Power of Attorney (POA) with that VSO or organization but you can always rescind it and take the claim process over yourself or designate another VSO somewhere else to handle your claim by signing a new POA.
• Finally, if your VSO fails to give you the guidance you need, not to mention time to converse, respect and courteous service you deserve, then keep in mind there are other VSO’s out there. Do not worry about hurt feelings on the VSO’s part. They are there to help you! If they fail to do that, then you need to transfer to someone who can help.
Hopefully, this information will help a little. As I said at the beginning there is no set group of questions or actions that can guarantee a good VSO. There are a lot of variables in this complex area.
I wish you the best in your journey.
fanaticbooks
Edited by fanaticbookswww.howtoassemblevaclaims.com
A free guide for researching, organizing and assembling a va claim. Now upgraded to include suggestions for VONAPP and Social Security Disability.
Link to comment
Share on other sites
Top Posters For This Question
4
4
1
1
Popular Days
Jun 15
5
Jun 16
4
Jun 14
2
Top Posters For This Question
Hoppy 4 posts
fanaticbooks 4 posts
john999 1 post
sharon 1 post
Popular Days
Jun 15 2009
5 posts
Jun 16 2009
4 posts
Jun 14 2009
2 posts
10 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