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
jamescripps2
Veterans' claims are mired in backlog
It now takes VA six months on average for each demand
4:57 AM, Apr. 7, 2011 | 6Comments
TwitterFacebookShare
Del.icio.us Digg Reddit Facebook Twitter Newsvine Buzz up!FarkIt EmailPrintAAA
Written by
Gregg Zoroya
USA TODAY Filed Under
News
News Nation & World
Related Links
U.S. troops in Afghanistan suffer higher number of catastrophic injuries
WASHINGTON — The number of veterans' disability claims taking more than four months to complete has doubled, prompting criticism from veterans and Congress that the Department of Veterans Affairs failed to prepare for a rise in cases it knew was coming.
"Without question, I believe that the VA disability claims system is broken," Sen. Patty Murray, D-Wash., chairwoman of the Senate Veterans Affairs Committee, said Wednesday.
The number of claims that take more than 125 days to decide has gone from 200,000 a year ago to 450,000 today, according to administration budget documents. As a result, veterans must wait even longer to receive payments for disabilities.
The VA says the delays are due in part to a generation of Iraq and Afghanistan veterans with more complex claims, and a decision two years ago to expand compensation for Agent Orange-related illnesses. Claims also increase in a poor economy.
VA is criticized
But veterans groups and Murray say the VA was aware that claims would rise.
"The explosion in the claims backlog is another predictable, preventable insult to thousands of veterans of all generations," said Paul Rieckhoff of Iraq & Afghanistan Veterans of America.
It now takes the VA six months on average to process each compensation demand for illnesses or injuries.
And the delay will reach an eight-month average next year, according to documents.
The VA says it has added staff and expanded automated record keeping but is dealing with an unprecedented amount of work.
"I think the disability determination system does not deliver decisions in as timely and uncomplicated a manner as people would like," said Tom Pamperin, a VA undersecretary for policy.
VA Secretary Eric Shinseki predicted an increase in 2009 when he expanded the number of illnesses that could be linked to Agent Orange.
The total number of pending claims for compensation has grown from 448,000 last April to 756,000 today.
"The VA knew that more Agent Orange claims would be coming in, but the claims have still overwhelmed the new caseworkers that Congress provided funding to hire," Murray said during a confirmation hearing for a new VA benefits chief.
Processors added
The VA added 3,000 claims processors last year, for a total of 14,000, but Pamperin says the work has been more labor-intensive than expected.
"We are working with a relatively inexperienced workforce. They make mistakes," he said.
Murray described a visit to a Seattle claims office where it took nine months to process a claim from a terminally ill veteran.
He died three days before the case was resolved, she said.
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
1
Popular Days
Apr 8
4
Top Posters For This Question
Pete53 1 post
john999 1 post
Berta 1 post
jamescripps2 1 post
Popular Days
Apr 8 2011
4 posts
3 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