First, I want to thank everybody who contributes to this site. The information I gleaned from Hadit was the key factor in putting together my claim.
I am currently rated at 70% since 1998 (50% bipolar, 10% left knee, 10% right knee, 10% hypertension). I was shot and nearly killed during a robbery in Dec. '04. My friend was killed in the incident. I had 4 subsequent major surgeries to repair the damage, including a colostomy and a colostomy reversal 1 year later. The Physical and emotional trauma has scarred me forever. While recovering, I turned to drinking to escape. Since the shooting I have only been able to work for 6 months total. Now, I am homeless. I drank myself out of house and home. I have tried to commit suicide on two occaisions in the last two years. I was hospitalized on the Tucson VA hospital psych ward on both occaisions for a total of 11 and 20 days respectively. During the last stay, I was placed in an intensive SATP (substance abuse treatment program). The program has a dual-diagnosis track for mental illness-substance abuse. This program requires 3 months participation on an inpatient basis. They provided me with housing and the tools to get clean. I graduated the program in the spring and was encouraged by my case manager to file a claim for increase for bipolar as my disorder was exascerbated by the PTSD from the shooting. He also told me to apply for TDIU as well.
I filed my claim on July 23rd and to my surprise, when I called the Phoenix, AZ RO on Dec. 4th to get a status update, they told me my claim has been decided on Dec. 3rd and to expect the determination letter in the mail. I called my Purple Heart VSO (who was absolutely no help at all other than mailing the claim I put together) to inform him of this. He told me to call the Phoenix branch of Purple Hearts. They told me that the claim had not been finalized and that it was being sent to Seattle, WA for post-determination proccessing. My question is, is this a harbinger of good things to come? Is this par for the course? Why would the VA rep tell me to expect a letter in a week but the claim hasn't been finalized? Why would it need to go to post-determination if I were being denied? Also, aren't I entitled to 100% pay for the three month inpatient program since it treated my bipolar as well as my alcoholism. I am still homeless and living at the Comin' Home shelter for homeless vets (they are awsome to me) in Tucson. I thank God I am sober 11 months and trying to turn my life around. I don't know if I can go another round with the VA. I lost a claim for increase in 2007. I was denied outright. I wasn't as prepared as I was this time. Thank everyone who contributes to this. :(
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
Alpha Male
Hi,
First, I want to thank everybody who contributes to this site. The information I gleaned from Hadit was the key factor in putting together my claim.
I am currently rated at 70% since 1998 (50% bipolar, 10% left knee, 10% right knee, 10% hypertension). I was shot and nearly killed during a robbery in Dec. '04. My friend was killed in the incident. I had 4 subsequent major surgeries to repair the damage, including a colostomy and a colostomy reversal 1 year later. The Physical and emotional trauma has scarred me forever. While recovering, I turned to drinking to escape. Since the shooting I have only been able to work for 6 months total. Now, I am homeless. I drank myself out of house and home. I have tried to commit suicide on two occaisions in the last two years. I was hospitalized on the Tucson VA hospital psych ward on both occaisions for a total of 11 and 20 days respectively. During the last stay, I was placed in an intensive SATP (substance abuse treatment program). The program has a dual-diagnosis track for mental illness-substance abuse. This program requires 3 months participation on an inpatient basis. They provided me with housing and the tools to get clean. I graduated the program in the spring and was encouraged by my case manager to file a claim for increase for bipolar as my disorder was exascerbated by the PTSD from the shooting. He also told me to apply for TDIU as well.
I filed my claim on July 23rd and to my surprise, when I called the Phoenix, AZ RO on Dec. 4th to get a status update, they told me my claim has been decided on Dec. 3rd and to expect the determination letter in the mail. I called my Purple Heart VSO (who was absolutely no help at all other than mailing the claim I put together) to inform him of this. He told me to call the Phoenix branch of Purple Hearts. They told me that the claim had not been finalized and that it was being sent to Seattle, WA for post-determination proccessing. My question is, is this a harbinger of good things to come? Is this par for the course? Why would the VA rep tell me to expect a letter in a week but the claim hasn't been finalized? Why would it need to go to post-determination if I were being denied? Also, aren't I entitled to 100% pay for the three month inpatient program since it treated my bipolar as well as my alcoholism. I am still homeless and living at the Comin' Home shelter for homeless vets (they are awsome to me) in Tucson. I thank God I am sober 11 months and trying to turn my life around. I don't know if I can go another round with the VA. I lost a claim for increase in 2007. I was denied outright. I wasn't as prepared as I was this time. Thank everyone who contributes to this. :(
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