I was rated 100 percent schedular (non-permanent, non-total)service-connected for anxiety/depression last year. I don't work. Don't really want to. VA turned down my TDIU claim but awarded the 100 under the category that I "may improve". I still have all of the Montgomery GI Bill and qualify for 90 percent of the new in-residence post-9/11 GI Bill. I have been military retired for five years, so I have about five years left on the MGIB clock, ten on the post-9/11 GI Bill.
In the past, some on hadit have said if you are 100 percent for mental don't even think about work or school as VA will hold it against you and lower your rating. 100 percent physical and you can toil all you can muster. (hypocritical, seems to me)
Although it would be much less difficult for someone without my diagnosis to successfully complete a full-time college course-load per semester, I feel that I want to give it a try (at least a partial)and who knows? maybe improve.
Another part of this question is that even though the new GI Bill is supposed to be super-dooper and comparable to the one given to WWII-era vets the classroom may not be for me. The Montgomery GI Bill seems to be more flexible to online work. (why the new one did not embrace the technology age is beyond my understanding). I am thinking of taking online college through the MGIB for therapy, a hobby, regain some sense of sanity. I was disqualified for voc rehab which does not allow for such trivial use anyway (have to be pursuing another career)Thoughts on this?
My VSO actually advised that I can go to school no problem as long as I never, myself, ask for a reevaluation of my sc. Maybe I'm confused about what that means. Seems to me VA would know what the other hand is doing (hold your laughter, okay don't) I think it sucks if VA holds self-improvement through its own programs against you for compensation purposes.
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
out_here04
I was rated 100 percent schedular (non-permanent, non-total)service-connected for anxiety/depression last year. I don't work. Don't really want to. VA turned down my TDIU claim but awarded the 100 under the category that I "may improve". I still have all of the Montgomery GI Bill and qualify for 90 percent of the new in-residence post-9/11 GI Bill. I have been military retired for five years, so I have about five years left on the MGIB clock, ten on the post-9/11 GI Bill.
In the past, some on hadit have said if you are 100 percent for mental don't even think about work or school as VA will hold it against you and lower your rating. 100 percent physical and you can toil all you can muster. (hypocritical, seems to me)
Although it would be much less difficult for someone without my diagnosis to successfully complete a full-time college course-load per semester, I feel that I want to give it a try (at least a partial)and who knows? maybe improve.
Another part of this question is that even though the new GI Bill is supposed to be super-dooper and comparable to the one given to WWII-era vets the classroom may not be for me. The Montgomery GI Bill seems to be more flexible to online work. (why the new one did not embrace the technology age is beyond my understanding). I am thinking of taking online college through the MGIB for therapy, a hobby, regain some sense of sanity. I was disqualified for voc rehab which does not allow for such trivial use anyway (have to be pursuing another career)Thoughts on this?
My VSO actually advised that I can go to school no problem as long as I never, myself, ask for a reevaluation of my sc. Maybe I'm confused about what that means. Seems to me VA would know what the other hand is doing (hold your laughter, okay don't) I think it sucks if VA holds self-improvement through its own programs against you for compensation purposes.
Anyway, thanks for listening.
out_here04
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