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
rpowell01
I have been wondering why the VA has denied me fee base for privately Neurosurgeon whenever Bay Pines does not have a Neurosurgeon. My Primary CBOC Doctor requested this and Bay Pines denied it. I found all this out yesterday which happened to be the day I was going to get a new Tru-scan MRI but was turned away because I just had gallbladder surgery 4 weeks ago and I have a couple of those clips inside of me. They said it has to be at least 8 weeks. I am grateful I told them of the surgery or I would probably be a dead man today. Well I was at work and transported a Resident to the hospital for a MRI. The MRI Tech there has been somebody I have come to known for a few months now and he has given me a lot of information. Well I asked him about the clips and he told me exactly why I have to wait on the MRI. Then I asked him how come the VA does not have a Tru-scan MRI and his reply was simple. He told me that his wife works in Ft Myers for the VA and Bay Pines is insisting they receive a MICROWAVE that Bay Pines purchased. You are asking yourself well what does that have to do with me asking why the VA doesn't have a Tru-scan MRI. He put it in very simple words to me but what he told me I didn't expect. I thought he would say well something to the affect "Well the Tru-scan MRI and the Recumbent MRI...... blah, blah, blah". But I didn't hear that.
Get this, he said they don't have one because that MICROWAVE, yes the one's that heats up food and the one Bay Pines is insisting Ft Myers VA to receive, has cost the VA $15,000. Now, please somebody tell me what MICROWAVE cost fifteen freaking grand!!!!!!! Is this microwave space age and I tell it to make me food and it produces what I requested. Yesterday I talked with JBasser and I was upset whenever I found out the VA declined my Primary CBOC request for me to have fee bases to be treated by a private Neurosurgeon. So how do you think I felt today whenever I found out that this same freaking VA that denied the request has purchased a MICROWAVE for $15,000 for a facility in Ft Myers that says they do not want it but Bay Pines is insisting they receive it? Put yourself in my shoes for one moment. I have done everything ask by the VA plus some on my own, spending thousands upon thousands of dollars of my own $$$ to find out exactly the problem that is going on with my cervical spine. To hear about this microwave really disturbs me and people wonder why the VETERANS are committing suicide on a daily basis or having so many issues with the VA. No, I will not go out that route. But, I am very "hot" right now and I feel that I will go off the deep end on any VA person I talk with right now.
Guess it is time to rock the boat, call the VA ADVOCACY or a few State Representatives. If they don't do nothing, then I think calling the media will be a good option because I think they will eat this one up......
Advice is requested.....
Link to comment
Share on other sites
Top Posters For This Question
3
2
1
1
Popular Days
Jun 3
13
Top Posters For This Question
rpowell01 3 posts
Pete53 2 posts
Vync 1 post
brokensoldier244th 1 post
Popular Days
Jun 3 2011
13 posts
12 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