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
mozartplayer
This VA notice was posted to the Federal Register today 6/15/10 having to do with a medical questionnaire for each of the 3 new presumptive diseases, to be completed by the veterans physician after the new reg is implemented in an attempt to reduce processing time of each claim involving any of the three new diseases and to possibly avoid having to be examined by a VA physician. That's how I interpret it, right or wrong. Deadline for posting comments to the notice via regulations.gov is 6/29/10. My compensation claim filed on basis of both prostate cancer and hairy cell leukemia has been pending since 8/1/09 so anything that would speed it up would be welcome to me. I realize that my claim is awaiting implementation of the new reg, assuming the new reg is not delayed indefinitely, if not killed entirely which I don't think will happen. Too far advanced in the process to get killed now although I've been wrong more than once.
[Federal Register: June 15, 2010 (Volume 75, Number 114)][Notices] [Page 33897-33898]From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr15jn10-166] =======================================================================-----------------------------------------------------------------------DEPARTMENT OF VETERANS AFFAIRS[OMB Control No. 2900--New (21-0960a-c)] Agency Request for Emergency Approval of an Information CollectionAGENCY: Department of Veterans Affairs.ACTION: Notice and request for comments.-----------------------------------------------------------------------SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3521), this notice announces that the United States Department of Veterans Affairs (VA) will submit to the Office of Management and Budget (OMB) the following emergency proposal for the collection of information under the PRA. The reason for the emergency clearance is to allow VA to collect information from private physicians in the form of making available standardized disability benefits questionnaires that private physicians can complete at the request and consent of individual veterans applying for VA disability benefits. The medical information provided by the private physicians will be used as supporting medical documentation for veterans' disability claims.DATES: Comments should be submitted on or before June 29, 2010.ADDRESSES: Submit written comments on the collection of information through http://www.Regulations.gov or to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503 (202) 395-7316. Please refer to ``OMB Control No. 2900-New (21-0960a-c)'' in any correspondence.FOR FURTHER INFORMATION CONTACT: Denise McLamb, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-7485, FAX (202) 273-0443 or e-mail denise.mclamb@va.gov. Please refer to ``OMB Control No. 2900-New (21-0960a-c)'' in any correspondence.SUPPLEMENTARY INFORMATION: Titles: a. Ischemic Heart Disease (IHD) Disability Benefits Questionnaire, VA Form 21-0960A. b. Hairy Cell and Other B-Cell Leukemias Disability Benefits Questionnaire, VA Form 21-0960B. c. Parkinson's Disease Disability Benefits Questionnaire, VA Form 21-0960C. OMB Control Number: 2900--New (21-0960a-c). Type of Review: New collection. Abstract: In connection with The Agent Orange Act of 1991, Public Law No. 102-4, VA will publish a Final Rule establishing presumptive service connection for the following diseases based on herbicide exposure: Hairy cell leukemia and other chronic B-cell leukemias, Parkinson's disease, and ischemic heart disease. In order to more expeditiously process claims related to these three new presumptive diseases, VA has designed three corresponding Disability Benefits Questionnaires for use by private physicians at the request and consent of veterans applying for VA benefits. Veterans will have the option of providing these Disability Benefits Questionnaires to their private physicians for completion and submission to VA in lieu of scheduling a VA medical examination. Given the large number of claims VA anticipates for the three new presumptive diseases, the Disability Benefits Questionnaires will assist in expediting claims processing because veterans who choose to have the Disability Benefits[[Page 33898]]Questionnaires completed by private physicians will avoid any VA examination scheduling delays. Affected Public: Individuals or households. Estimated Annual Burden: a. Ischemic Heart Disease (IHD) Disability Benefits Questionnaire, VA Form 21-0960A--13,750. b. Hairy Cell and Other B-Cell Leukemias Disability Benefits Questionnaire, VA Form 21-0960B--500. c. Parkinson's Disease Disability Benefits Questionnaire, VA Form 21-0960C--1,250. Estimated Average Burden per Respondent: 15 minutes. Frequency of Response: On occasion. Estimated Number of Respondents: a. Ischemic Heart Disease (IHD) Disability Benefits Questionnaire, VA Form 21-0960A--55,000. b. Hairy Cell and Other B-Cell Leukemias Disability Benefits Questionnaire, VA Form 21-0960B--2,000. c. Parkinson's Disease Disability Benefits Questionnaire, VA Form 21-0960C--5,000. Dated: June 10, 2010. By direction of the Secretary.Denise McLamb,Program Analyst, Enterprise Records Service.[FR Doc. 2010-14316 Filed 6-14-10; 8:45 am]BILLING CODE 8320-01-P<BR class=Apple-interchange-newline>
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Jun 16
2
Jun 15
1
Top Posters For This Question
john999 1 post
mozartplayer 1 post
jalexand 1 post
Popular Days
Jun 16 2010
2 posts
Jun 15 2010
1 post
2 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