Feel the need to vent... my claim's for reconsideration and TDIU went from development to decision in 2 days and then skipped notification and jumped into closed, after jumping in and out of development and decision a few times.
I spoke with a rep at the VARO this week and after he got involved it all took off and ended within a few days. I had about a week left before I lost my right to file a NOD, my claim for reconsideration had been at the decision board since Oct 2010 and my NOD date is July 12. He called me once and asked me about claiming other issues that had been raised but I deferred so that a decision could be made that day. I was told that it had been hand walked through the rest of the process but
I got a response via IRIS that my notification letter for TDIU dated June 30 was mailed but I don't see an increase in rating on the verification letters on ebenefits. I also don't see where they have updated the closed claim with the information on why I was turned down or what I need to reopen the claims. I am doing the stomach turning inside out dance and just feel god awful about it all, Nobody will say anything and my VSO's info is weeks behind ebenefits. My claim is for facet syndrome with pain and for 26 years I have been trying to get the VA to recognise the disability rating, they say they never severed direct service connection because they have never recognised it, they even say that the Air Force and DOD recognise my permanent disability today and have for 26 years.
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”
Question
BasehorVet
Feel the need to vent... my claim's for reconsideration and TDIU went from development to decision in 2 days and then skipped notification and jumped into closed, after jumping in and out of development and decision a few times.
I spoke with a rep at the VARO this week and after he got involved it all took off and ended within a few days. I had about a week left before I lost my right to file a NOD, my claim for reconsideration had been at the decision board since Oct 2010 and my NOD date is July 12. He called me once and asked me about claiming other issues that had been raised but I deferred so that a decision could be made that day. I was told that it had been hand walked through the rest of the process but
I got a response via IRIS that my notification letter for TDIU dated June 30 was mailed but I don't see an increase in rating on the verification letters on ebenefits. I also don't see where they have updated the closed claim with the information on why I was turned down or what I need to reopen the claims. I am doing the stomach turning inside out dance and just feel god awful about it all, Nobody will say anything and my VSO's info is weeks behind ebenefits. My claim is for facet syndrome with pain and for 26 years I have been trying to get the VA to recognise the disability rating, they say they never severed direct service connection because they have never recognised it, they even say that the Air Force and DOD recognise my permanent disability today and have for 26 years.
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