Before I say what I have to say, I want to let everyone know, that I am not in any way shape or form coming out against combat related TBI research. treatment, and/or claims being awared for them.
My beef is with the non combatants who are in a supporting role, outside of the combat area or arena, whether it be stateside or in another foreign country or while at sea, not being treated the same for their TBI injury's, the same as those who suffered their's while under hostile fire in a war zone like Afganistan and Irac. I'm also sure that VN Vets feel almost as much left out of the equation as non combatants like myself do.
Even though I was able to get some coroboration for my TBI being the cause of some of my problems and more likely than not the cause of my PD diagnosis that denied me SC plus the associated benefits over the past 35 plus yrs. I am still being denied the same medical evaluation and testiing that those that are combat related are just now being redily given to assess not only any current and/or possibly lasting effects, but to any rehabilitation resources that may make my quality of life, if even a little bit better than it is now, which by far could use more than a little bit of help in that department, even as I type my displeasure of the whole unequal process.
I wonder what would have happened to my brother, who spent two tours in VN and then while stationed stateside was hit head on by a drunk driver, while on service santioned R&R, if only he had incurred just a TBI, instead of the extensive injuries he did. If he was treated the way other non-combatants are being treated today, who had similiar TBI's, then he probably would still be fighting for his rightful benefits. Not that I am glad that he was as seriously injured as he was, I'm glad it was more than enough so that they could not mess around with him, being that any number of his injuries would have classified him as 100% and TDIU.
TBI's it appears is one of those areas, that the VA is using to pit one era and/or class of Veterans against another, which appears to be but only one of the many ways they use to keep all Veteran from organizing into one voice that would then have the means if not the muscles to get things done to better the system in helping Veterans injured or not, get what is rightfully due them according to all that was given and/or promised to them.
Sorry to be in such a sour mood, I have been stressed all day, because it was my new kitten's day to get her first set of blood tests and vaccination shots and the stress has found it's relief in this post for better or for worse. LoL
Tammy is the kittens' name and she is doing fine, which I can't say the same about me. You'd think a big guy my age would be tough enough to weather the possibilities of my kitten reacting badly to her vaccinations. If you had thought I should have, you would have been wrong. I guess it is true about our pets being just as valued a member of the family as if they were our own children. I'm haven't been married for some time now and I have no children, so I guess I pamper and spoil my Cat and Kitten just as if they were children or more likely like grandchildren, given my age and theirs'.
So I guess I have said enough, so if anyone wishes to comment or relate their experiences with how the VA has treated their TBI, combat related or not, I for one would like to hear what you have to say.
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.
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.
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”
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.
Question
Rockhound
Before I say what I have to say, I want to let everyone know, that I am not in any way shape or form coming out against combat related TBI research. treatment, and/or claims being awared for them.
My beef is with the non combatants who are in a supporting role, outside of the combat area or arena, whether it be stateside or in another foreign country or while at sea, not being treated the same for their TBI injury's, the same as those who suffered their's while under hostile fire in a war zone like Afganistan and Irac. I'm also sure that VN Vets feel almost as much left out of the equation as non combatants like myself do.
Even though I was able to get some coroboration for my TBI being the cause of some of my problems and more likely than not the cause of my PD diagnosis that denied me SC plus the associated benefits over the past 35 plus yrs. I am still being denied the same medical evaluation and testiing that those that are combat related are just now being redily given to assess not only any current and/or possibly lasting effects, but to any rehabilitation resources that may make my quality of life, if even a little bit better than it is now, which by far could use more than a little bit of help in that department, even as I type my displeasure of the whole unequal process.
I wonder what would have happened to my brother, who spent two tours in VN and then while stationed stateside was hit head on by a drunk driver, while on service santioned R&R, if only he had incurred just a TBI, instead of the extensive injuries he did. If he was treated the way other non-combatants are being treated today, who had similiar TBI's, then he probably would still be fighting for his rightful benefits. Not that I am glad that he was as seriously injured as he was, I'm glad it was more than enough so that they could not mess around with him, being that any number of his injuries would have classified him as 100% and TDIU.
TBI's it appears is one of those areas, that the VA is using to pit one era and/or class of Veterans against another, which appears to be but only one of the many ways they use to keep all Veteran from organizing into one voice that would then have the means if not the muscles to get things done to better the system in helping Veterans injured or not, get what is rightfully due them according to all that was given and/or promised to them.
Sorry to be in such a sour mood, I have been stressed all day, because it was my new kitten's day to get her first set of blood tests and vaccination shots and the stress has found it's relief in this post for better or for worse. LoL
Tammy is the kittens' name and she is doing fine, which I can't say the same about me. You'd think a big guy my age would be tough enough to weather the possibilities of my kitten reacting badly to her vaccinations. If you had thought I should have, you would have been wrong. I guess it is true about our pets being just as valued a member of the family as if they were our own children. I'm haven't been married for some time now and I have no children, so I guess I pamper and spoil my Cat and Kitten just as if they were children or more likely like grandchildren, given my age and theirs'.
So I guess I have said enough, so if anyone wishes to comment or relate their experiences with how the VA has treated their TBI, combat related or not, I for one would like to hear what you have to say.
Rockhound Rider :D
Are you a paranoid schizophrenic
if the ones you think are out to
get you, really are?
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