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
Capt.
Hello All,
I wanted to share a Patient Advocate story and let some of you know that the PA is there for the Vet and did come to my aid recently. First to let you know that the VA PCP doctors can get information from the Veterans Benefits Administration. On my last appointment I brought in a new medical notebook, that I carefully put together, which had my Civilian doctors IMO's , test and opinions, treatment records. I also had the Service Medical Records and the VA Progress reports. I asked him why he did not put in the record that he did not want me to have a spa for my Peripheral Neuropathy, even though the Nuerologist and Podiatrist did and made prescriptions for it. I also asked him why my VA Dr. diagnosis , opthamology report on antherosclorsis was not there in the Progress Report. I also asked why a VA doctor wanted me to be checked out by a Rheumatologist for immune system problems but no appointment. Ok so I followed up and got the Progress Reports 3 days laterafter my appointment and it was unbelievable. Somehow he wrote in the notes that I brought in a 3 inch thick booklet of records , tests and that I believed all of my diseases were service related. He went on to add that I had a lawyer in such and such city and had been denied once and that I was going to use all of the evidence in my folder for an appeal. Huhhh!!!. He also added that he did not want me to use the spa even though it plainly says by the other VA doctor to continue with my hydrotherapy. OK , so now I have one doctor says I need it and another one says I don't.The progress note also had left out the VA doctor diagnosis of antherosclorsis. Ok ....so I picked up the phone and called the Patient Advocate in another city ,who also had access to the console notes and progress reports. His first words were . "what do these comments about your attorney and denial and an appeal have anything to do with treating you? I said I that I was glad he noticed that too. He said this is against protocol and that the doctor knew better and was not suppose to write this in the progress reports. He also asked where the report was for the antherosclorosis and I said I have the report. He said to fax it to him and he would have it put into the console reports. He also said he was going to talk to his boss and call me back. In about 4 hours I get a phone call from the patient advocate and he said his boss was also concerned by the doctors notes and said they would send me a form to sign and ask what I wanted to strike from the record concerning his report. I got the report and filled it out and have sent it to them. I will give a followup to him next week to see what the console Progress reports read and to what the Doctor said as they were going to caution him about what he can say in the reports and to tell him that I had called the PA on him. I also asked him if it was proper to let the doctor review the past records and including private doctors and he said absoulutely. He then suggested that I get a new doctor....hahahhah. but I have already fired one about 3 yrs ago to get this one and since it is just a small clinic, that I was running out of doctors.
Has anyone else had this type of treatement from a V A doctor and has anyone used the Patient Advocate like I did. I will say that the people could not have been nicer and were in agreement that the doctor has overstepped his duties and the way he is to treat me.I will give an update to this as it continues. God Bless, Happy New Year. NEVER GIVE UP. C.C.
Link to comment
Share on other sites
Top Posters For This Question
8
4
4
2
Popular Days
Dec 31
6
Jan 3
6
Jan 4
4
Jan 1
3
Top Posters For This Question
Capt. 8 posts
Hoppy 4 posts
broncovet 4 posts
steve&pat 2 posts
Popular Days
Dec 31 2009
6 posts
Jan 3 2010
6 posts
Jan 4 2010
4 posts
Jan 1 2010
3 posts
25 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