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Ssdi And Ssi-Turning 62 In September-How Should I File To Be Protected...
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
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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.
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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.-
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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”-
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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
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Question
mrs rockman (widow of vet)
I will be turning 62 the last part of September. I know i can go on and fill out all of the paperwork online for this.
My question is, I will not be working after 08/05/11, due to my service connected disabilities and one other disability ( not recognized by VA yet).
The VA is sending me a letter that I will no longer be able to work after the 5th. (for the pulmonary disease).
By the way, our outside cardiologist put it in writing that the pulmonary affected my AO IHD. We are sending this in as new evidence.
The VA pulmonologist is the one writing the unable to work anymore.
We asked the VA pulmonologist if this disease affected my heart and he said yes. We asked if he would include this in our progress notes, he said yes, & and we did see him typing this. We have not gotten our records printed on this. I do hope that VA did not take this out of our records to protect themselves, but it would not surprise me at all. If it is in there, we will send both for new evidence.
Should I go on and file for SSI and then on 08/05/11, file for SSDI? I know that they will recognize the SSI first and then I would be assured of some money at least while I "wait the waiting game!!
Any ideas on this, for I need to start filing this weekend for SSI.
Help, I could really use some of your wise imput!!
Rockman
You know that "It Is What It Is" and I really am Doing the Best that I can ..taking one day at a time.
God Bless all!
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