Thursday my Brother Mike will have his funeral in El Paso. The Church seats 185 people and they are expecting an overflow crowd. Everyone who knew Mike liked him as he was a standup guy. He always was there to help. He was a great Dad, Now his wife can;t stand to live in their home cause although she has great memories and they had a beautiful home its not the same with out him. She plans to move to Austin Texas and live with her parents now.
On December 25th Mike in despair took his own life. Why did he do it? No one can be sure but most of his family believe it was because of his pain and the incompetent bastards who run the VA Medical in El Paso. Mike had good insurance but trusted the VA cause he had been service connected for two conditions at 10% each and after talking to Dr Craig Bash and some contacts I have we knew he would get 100% TDIU when he could no longer work. Mike went from and large active man to someone who needed help to get out of his bed. When he went anywhere it hurt. On Decemebr 22nd he was forced to retire from his job
He took Medicine to help his condition and was give anti biotics that were not appropriate for him by VA. A couple of weeks ago he was taken by ambulance to get morphine and waited in an ambulance for 11 hours and than was sent home and dumped onto his bed. He had a catheter and his wife did not know how to help him.
I cannot tell you how angry I am at this point. Mike had good insurance and I had been begging him to use it instead of the VA.I plan to dedicate the rest of my life to see that the VA does not get away with this again.
Veterans deserve real choice for their health care.
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
Pete53
Thursday my Brother Mike will have his funeral in El Paso. The Church seats 185 people and they are expecting an overflow crowd. Everyone who knew Mike liked him as he was a standup guy. He always was there to help. He was a great Dad, Now his wife can;t stand to live in their home cause although she has great memories and they had a beautiful home its not the same with out him. She plans to move to Austin Texas and live with her parents now.
On December 25th Mike in despair took his own life. Why did he do it? No one can be sure but most of his family believe it was because of his pain and the incompetent bastards who run the VA Medical in El Paso. Mike had good insurance but trusted the VA cause he had been service connected for two conditions at 10% each and after talking to Dr Craig Bash and some contacts I have we knew he would get 100% TDIU when he could no longer work. Mike went from and large active man to someone who needed help to get out of his bed. When he went anywhere it hurt. On Decemebr 22nd he was forced to retire from his job
He took Medicine to help his condition and was give anti biotics that were not appropriate for him by VA. A couple of weeks ago he was taken by ambulance to get morphine and waited in an ambulance for 11 hours and than was sent home and dumped onto his bed. He had a catheter and his wife did not know how to help him.
I cannot tell you how angry I am at this point. Mike had good insurance and I had been begging him to use it instead of the VA.I plan to dedicate the rest of my life to see that the VA does not get away with this again.
Veterans deserve real choice for their health care.
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