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Arent' C&p's Supposed To, I Don't Know, Render An Opinion?
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brokensoldier244th,
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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.
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Tbird, -
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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.-
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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”-
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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
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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, -
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Question
brokensoldier244th
I have my C&P results for radicular numbness and pain for my left extremity (for svc connection), and erectile difficulty. My right leg is already connected (10%, and 40% for IVDS).
What is the point of a C&P if the PA's opinion of everything is "clinical record is insufficient......therefore an opinion is rendered moot." Isn't that, kind of, their job? So, im crazy now, or am just not reading it right? So, what does that mean? I don't go to the doctor every time my toe tingles-they can't 'do' anything about it. Same with the PME/erectile difficulty, this was the first time I brought it up (HA!) to my own doc, though my wife typed a statement as well, and my PCP noted my complaint about it in 2003 right after I got out. I guess I don't know how to generate clinical evidence for a noted chronic, course since onset progressively worse condition.
The C&P doc a few days after my doctor's examination says there is some diminished sensation in left great toe, but reflexes are normal, "Course since Onset-progressively worse", plantar flexion normal, and "in regards to radiculopathy of the left lower extremity lumbar spine, there is insufficient clinical evidence of any acute or chornic conditoin or any residuals thereo and thus the requested opinion and rationale are rendered moot." She did note impairments to employment duties, inscreased abseteeism, and how it affects my home life and abilities there, but im sitting here right now and can't feel my toes in my left foot. WTF>
*sigh*
My claim is still pending, the results were just narrated a few days ago, but I have a list of stuff the screen the length of my forearm on Ebenefits-statements from work, my wife, my doctor, etc, that show diminished reflex, pain, numbness, weakness etc. The VA PA's physical exam was the same week as my doctor's, and my doctor notes diminished reflexes and weakness, antalgic gait, diffuculty with standing, difficulty doing toe raises, and she prescribed Paxil for PME, and states that it is most likely due to my lower lumber DDD. I also have current x rays showing disc space stenosis at L4-5, and L2-L3. She (my doc) notes "straight leg positve at 45% on the right, and 40% on the left. He is able to to and heel walk although he does this with some difficulty. He has limited amount of toe raises that he can do right foot and left foot but initially can't do them. The patients gait is antalgic. The patient has issues with sexual dysfunction and has troubles with PME."
Okay, im done now, I think. Im just frustrated-I guess I wait for the decision and see what I see, right?
The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.
B.S. Doane College, Mgt Info Systems/Systems Analysis 2008
M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021
M.S. Purdue University Information Technology/InfoSec, Dec 2022
100% P/T
MDD
Spine
Radiculopathy
Sleep Apnea
Some other stuff
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B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021
(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents, and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)
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