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100% Education Denied For Ciwd, But Currently Getting 60% Disability
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2025 VA Disability Compensation Rates an Pay Dates
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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
cur.age
i was getting 100% education benefits while under the gi bill before the current post 9/11, filed to get post 9/11 and was downgraded to 80% benefits due to only being in for 25 months, but i currently am getting 60% disability from the va. i filed a NOD, and got the report back saying that i was denied because of CIWD, condition interfering with duty, on my dd 214 i have gone from having it say "advoidant personality disorder" to "social anxiety disorder" to "other designated physical or mental", i lost the dd 214 when i first got out, applied for new one, and lost it again thats how i know the different "reasons".
there are really several things in there that need to be addressed, my biggest concern is that if i fight for the full education benefits, will that possibly affect my current disability rating? i am currently awaiting a decision on 100% rating, c&p examiner put in my rating evaluation that i was disabled due to anxiety issues, and they were not personality disorder related.
how often does ones dd 214 get changed like that? is it some sort of whim that they decide to look at it and put something else in the narrative reason for separation?
sorry if this is not the right place to post, since it goes across different departments of the va, was not sure the right place to post.
thanks for any help.
cur age
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