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
SCIDVET
Dear Hadit Members:
1) Thanks very much for help with prior issues, still waiting for response.
2) Seeking help understanding how to get VA to cover emergency treatment in NON VA facility- 150 miles from VA facility, hometown, for SC problem, acute.
Here is the highly abridged version: Bleeding orally and rectally, losing bile, dizzy. Call VA instead of 911. VA says am authorized to go to
a) call 911
b) get ambulance
c) be seen at local private facility (3 miles) while the VA hosp is 150 or so miles.
After about 6 months, I get no bill, just a notice being turned over to collections for about 3000 dollars. Apparently the VA did pay for the ambulance.
The emergency room found (via CT) an ulcer. Was advised to "Lay off the NSAIDS" (I have taken at least a big wheelbarrow of NSAIDS (ie, motrin, aspirin) for the service connected disabilities.
I am asking if anyone knows the law that I have a shred of in my mind- it goes something like this:
Emergency medical care in a non-va facility can be granted if the vet is more than 60 miles from a VA facility.....
( I cannot remember the rest, did the google, Yahoo, and also the super- post by...forgot the name but has websites and links all on one page (post) here at hadit. Searching through Hadit doesnt work (I dont know how, I guess) If I type "Emergency medical care in Non" I get all hits with the word Medical first. Quotes dont work, (I know...something about boolean) (thats all I know)
The rest of this post is about the problems I and surely you, vets have with treatment. I post it because I always seem to end up being the one to say "The emporer has no clothes". This is my way of doing so:
I do not see the VA hospital people, a) because I cannot get there (cannot sit up in DAV van, and be buckled in)(therefore they will not transport) and B) Every damn time they DID treat me, they (the non-expert, Oregon, doctors) re-characterise what is wrong, despite my religiously bringing in a foot of specialist (VA!) documents and enough X-rays, CT, MRI, scans to be two inches tall (PS VETS! CT is like many xrays at once- they do NOT keep track of how much radiation you recieve over the years! Careful!)
(Okay, calming down now...) So I go without care to save my claim, AND my health (Some of you remember me reporting a bad infection I got because the student-healthcare-provider injected air into my.. ahem.. private part... and then when I said "Air is coming out of my penis" the response was "No Air Came Out Of Your Penis Mr Veteran".
Perhaps the reader is thinking "Just one mistake does not make a #&@*ing crappy healthcare system" and you are right... except I could write...pages and pages, submit tape recordings, all showing how every
*$#damn time I am treated, there was either injury, mistakes, damage, medical error, administrative error, and oftentimes several at once.
So you say "Why you" and the answer is straightforward: When the actual injury is something caused by treatment (the word for this is "Iatrogenic") the VA doctors (except at Spinal Cord Injury Clinic, Long Beach) invariably just....haze their IQ to that of a monkey, and sort of change the subject. Therefore, because of this feigned or psychosomatic ignorance, the true injury the doctor treats is never seen. This way a mistake is always made during...even casual...treatment. Every Time.
I fear for my own life going to VA. I am no different from any of you, except I was seen by true, great, expert, SCI doctors in VA system- and every detail they worked over is crystal clear, permanent. With this concrete firewall of information and knowledge, when I go to the Oregon VA, their mistakes are so easy to catch.
Message to vets who feel guilty seeking redress or help with Crappy VA system:
I predicted 20 years ago that the way the VA goes, so goes civilian health care. So it HAS gone- HMOs, delays in treatment, being treated for a long time, with never a diagnosis being made, massive injustices in Medicare (like paying for 10 years and being told you do not qualify because you are a service connected veteran) (and MORE)
My point is do not be ashamed or timid or "Tough ex-military type" because you do not want to take more than other vets. Look another way: If all vets demanded good quality, consistent, timely, treatment, we would eventually get it.
Brief example of what I mean: When I first (in 1983) went to VA for medical help, benefits, they said "How are you doing Mr Veteran, is the problem bothering you a lot?" (Shaking my hand) my response was "I'll live" (playing the part I thought was expected, that the pain and disability had not made me an invalid mentally, despite the physical). Suddenly, all records were lost, five years later, they reappear, and I find the sole piece of evidence used to turn down my claim for treatment (for an iatrogenic spinal cord disease inservice cause) is the re-statement by the doctor (changing my words) "Veteran believes the problem is something he can live with". So what? This sentence I SUPPOSEDLY said was used again, again, again, to deny and color my problem as something minor. (What happened to a vet being unable to make a medical statement, decision, or diagnosis? Oh! Thats if the vet says something HELPFUL to his claim)
Sorry. Ranting, perhaps it will help one of you.
Anyway, if anyone has any thoughts or advice my thanks up front. I will try to find my way back to this post.
Thanks
SCIDvet
Link to comment
Share on other sites
Top Posters For This Question
2
1
Popular Days
Apr 7
5
Top Posters For This Question
SCIDVET 2 posts
Starr 1 post
Popular Days
Apr 7 2006
5 posts
4 answers to this question
Recommended Posts