Well I sit here with these SC 10% hypertension, 30% Migraines Diagnosed as SC to Hypertension, 40% DDD, 60% Hypertensive heart disease and 10% for tinunitius. I am at a sticking point as I was retired for 1 of my SC issues the Migraines which were linked to my Forced retirement back in 2001 from my Civilian Job. What I am getting from the VA is that since the claim I put in for IU DDD after 3 surgeries and a statement from the surgeon who did my last surgery , 3 level spinal fusion I had been turned down on my appeal at the VARO level. Should I go for a hail mary claiming that along with my current back and the migraines for which I was retired back in 2001 they have all of my records from socail Security and retirement board but they are claiming that since I listed the back as my reason they will not approve IU. I had to fight to get the intial rating for migraines but the VA claims they are follwing the guidlines based on my reason for retiremnt. I had posted on some issues before but how do I bring this up in my DRO hearing? I have not recvied a notice but I am stalking my mailbox. I put in for Tempoary 100% following surgery but they just now found the claim. I have had all of the C/P exam and I am on oxyegen Theraphy for the migraines plus 4 medicines but the examiner tried to hose me I had to submit a statement in Support to get the number of trips to the ER which are documented in the past year. I stay in chronic pain I am on Morphine and so many other drugs that if I could take them and drive. That is about all I have I have looked up the regs for IU am I missing something? Thanks
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
Well I sit here with these SC 10% hypertension, 30% Migraines Diagnosed as SC to Hypertension, 40% DDD, 60% Hypertensive heart disease and 10% for tinunitius. I am at a sticking point as I was retired for 1 of my SC issues the Migraines which were linked to my Forced retirement back in 2001 from my Civilian Job. What I am getting from the VA is that since the claim I put in for IU DDD after 3 surgeries and a statement from the surgeon who did my last surgery , 3 level spinal fusion I had been turned down on my appeal at the VARO level. Should I go for a hail mary claiming that along with my current back and the migraines for which I was retired back in 2001 they have all of my records from socail Security and retirement board but they are claiming that since I listed the back as my reason they will not approve IU. I had to fight to get the intial rating for migraines but the VA claims they are follwing the guidlines based on my reason for retiremnt. I had posted on some issues before but how do I bring this up in my DRO hearing? I have not recvied a notice but I am stalking my mailbox. I put in for Tempoary 100% following surgery but they just now found the claim. I have had all of the C/P exam and I am on oxyegen Theraphy for the migraines plus 4 medicines but the examiner tried to hose me I had to submit a statement in Support to get the number of trips to the ER which are documented in the past year. I stay in chronic pain I am on Morphine and so many other drugs that if I could take them and drive. That is about all I have I have looked up the regs for IU am I missing something? Thanks
Link to comment
Share on other sites
Top Posters For This Question
2
2
2
1
Popular Days
Aug 16
6
Apr 23
4
Top Posters For This Question
Pete53 2 posts
Berta 2 posts
oldman273 2 posts
Eagle 1 post
Popular Days
Aug 16 2011
6 posts
Apr 23 2011
4 posts
9 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