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
allan
Yesterday the Senate passed S. 1963, the "Caregiver and Veterans Omnibus Health Services Act of 2009", which would provide comprehensive new support to caregivers of severely disabled veterans and improve health care services for women veterans and all veterans who rely on the VA. I wanted you to know that this important victory would not have been possible without the grassroots efforts of thousands of DAV members and supporters throughout the country. With your help, DAV was able to play an important role in getting S. 1963 through the Senate and we will continue working with Congress until this legislation is enacted into law. For your perusal, I have included DAV's press release below.
Thanks for all you have done. ------------------ FOR IMMEDIATE RELEASE
November 20, 2009
Senate Passes Major Veterans Legislation to Aid Caregivers, Women Veterans
WASHINGTON, Nov. 20 - The Disabled American Veterans (DAV) applauds the U.S. Senate for unanimously approving S. 1963, "The Caregiver and Veterans Omnibus Health Services Act of 2009." As passed, S. 1963 creates a comprehensive new program to support family caregivers of severely disabled veterans, and strengthens VA health care programs for women veterans, homeless veterans, veterans with mental health needs, and veterans suffering from traumatic brain injury. "The Senate's overwhelming statement of support for this bill sends an unmistakable message that our government has an obligation to provide comprehensive support to family caregivers of severely wounded and disabled veterans," DAV National Commander Roberto Barrera said. "S. 1963 also contains landmark provisions that will help ensure that women veterans, who have played an increasingly essential role in our military, receive quality, timely and gender-appropriate health care services from the Department of Veterans Affairs (VA), equal in every respect to that afforded male veterans," Barrera said. S. 1963 combines the content of two measures previously approved by the Senate Veterans' Affairs Committee, S. 252 and S. 801, into a single VA health care omnibus bill. Since the House of Representatives has already passed similar, but separate veterans health bills, the two bodies must now reach an agreement on identical legislation before it can be sent to the President for his approval. "DAV looks forward to working together with the Senate and House Veterans' Affairs Committees and other interested veterans service organizations to develop the strongest veterans health care legislation we can to aid all veterans," Commander Barrera said. "In particular, we believe that disabled veterans from all eras could benefit from family caregiver support services and will work to see that the final legislation moves in that direction," he said. Commander Barrera expressed DAV's gratitude to several Senators who played leading roles in developing and moving the legislation successfully through the Senate. "Senator Daniel Akaka, Chairman of the Senate's Committee on Veterans' Affairs, has been a tireless champion for veterans health care programs throughout his tenure, and his skillful work on S. 1963 was central to the Senate's approval," Barrera said. "A veteran himself, Chairman Akaka has proven to be a reliable and effective leader, always ready to stand up for our nation's veterans." "Senator Richard Burr (N.C.), the Ranking Member of the Senate Veterans' Affairs Committee, worked in a truly bipartisan manner with the Chairman to help craft this legislation and then provide crucial leadership to help it overcome barriers that may otherwise have derailed it," Barrera said. "DAV applauds Senator Burr for putting the interests of veterans first." "DAV also applauds the relentless efforts of Senator Patty Murray to enact legislation that will improve the lives of all veterans, especially women veterans. Senator Murray's landmark women veterans health care legislation was included within S. 1963, and her passionate advocacy for women veterans has been crucial throughout this process," Barrera said. The 1.2 million-member Disabled American Veterans, a non-profit organization founded in 1920 and chartered by the U.S. Congress in 1932, represents this nation's disabled veterans. It is dedicated to a single purpose: building better lives for our nation's disabled veterans and their families. More information is available at www.dav.org
Edited by allanLink to comment
Share on other sites
Top Posters For This Question
2
1
1
1
Popular Days
Nov 21
8
Nov 20
1
Nov 22
1
Top Posters For This Question
sixthscents 2 posts
Pete53 1 post
allan 1 post
Teac 1 post
Popular Days
Nov 21 2009
8 posts
Nov 20 2009
1 post
Nov 22 2009
1 post
9 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