here is the lick I was retired from my Civilian job in 2001 from an injury in line of duty 1997. I was retired for migraines (hypertension) and PTSD. I am SC for for Migraines and hypertension goes through the roof when my PTSD acts up. I guess that is why I live where I live out in middle of nowhere. I get better results living alone believe it OR not but my family has to drive out to check on me. Now my back went out on me from SC injury to my back end result 3 level lumbar fusion VA approved neurosurgeon who did surgery opinion was I am unemployable due to my SC back as range of movement constant pain and arthritis from injury years ago to my back make me again unable to maintain gainful employment again. I put in for IU last year denied kept claim alive now it is waiting game do you think if VA will try to say I am disabled from 1st job so IU is not valid claim?
I am thinking/ preparing for the VA worst case was to apply back to the time I retired on SC but only if I loose the claim for TDIU I am trying to get insurance for my Family through the VA under TDIU. I am only in favor of applying for claims I have a chance of winning. I am not able to care for myself at this time with my back my Neurosurgeon just sent in paperwork for me for Arthritis as well as Aid and attendance. I have a hard time mostly getting my family to understand constant pain and me not able to do common task like dressing myself or household cleaning. VA has given me the bed device to help me pull myself out of bed and the really cool sock tube that allows me to halfway put my socks on but only works half the time. I am 80% now I am hoping that increase in my back arthritis lumbar fusion will at least help me catch back up with the house payments we are behind as the wife has lost time from work prior to and since operation with being out of work with Migraines and my back going out on me leaving me bed ridden. Dint get me wrong I am still happy to see the sun each day but I cant go on with what little help i get from my family. As soon as i get the claims and all settled i am moving out west or to Asia for the winter to hell with the cold we had last year. Today has sucked it rained happy to see the rain just my back started hurting yesterday I knew it was coming. As usual any thoughts ideas accepted. I am just trying to weigh all of my options, My migraines have took a turn lately for the worse so it is not that I try to get into arguments or get my blood pressure up I am trying to lay low examine what i an do myself or at least with some solid advice I get here. Have a good day
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
oldman273
here is the lick I was retired from my Civilian job in 2001 from an injury in line of duty 1997. I was retired for migraines (hypertension) and PTSD. I am SC for for Migraines and hypertension goes through the roof when my PTSD acts up. I guess that is why I live where I live out in middle of nowhere. I get better results living alone believe it OR not but my family has to drive out to check on me. Now my back went out on me from SC injury to my back end result 3 level lumbar fusion VA approved neurosurgeon who did surgery opinion was I am unemployable due to my SC back as range of movement constant pain and arthritis from injury years ago to my back make me again unable to maintain gainful employment again. I put in for IU last year denied kept claim alive now it is waiting game do you think if VA will try to say I am disabled from 1st job so IU is not valid claim?
I am thinking/ preparing for the VA worst case was to apply back to the time I retired on SC but only if I loose the claim for TDIU I am trying to get insurance for my Family through the VA under TDIU. I am only in favor of applying for claims I have a chance of winning. I am not able to care for myself at this time with my back my Neurosurgeon just sent in paperwork for me for Arthritis as well as Aid and attendance. I have a hard time mostly getting my family to understand constant pain and me not able to do common task like dressing myself or household cleaning. VA has given me the bed device to help me pull myself out of bed and the really cool sock tube that allows me to halfway put my socks on but only works half the time. I am 80% now I am hoping that increase in my back arthritis lumbar fusion will at least help me catch back up with the house payments we are behind as the wife has lost time from work prior to and since operation with being out of work with Migraines and my back going out on me leaving me bed ridden. Dint get me wrong I am still happy to see the sun each day but I cant go on with what little help i get from my family. As soon as i get the claims and all settled i am moving out west or to Asia for the winter to hell with the cold we had last year. Today has sucked it rained happy to see the rain just my back started hurting yesterday I knew it was coming. As usual any thoughts ideas accepted. I am just trying to weigh all of my options, My migraines have took a turn lately for the worse so it is not that I try to get into arguments or get my blood pressure up I am trying to lay low examine what i an do myself or at least with some solid advice I get here. Have a good day
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