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C&p Exam Triggers Mh Appointment
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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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My Monster
Finally got my C&P for what was just going to be for my deferred Migraines secondary to my SC'd Neck. Nope, it was for migraines, PN, and radiculopathy. I looked like a walking train wreck. SC Lumbar back has been killing me causing my leg to give out so there I am with a cane, I have my shades on due to a migraine starting to come on. Finally get seen, they note gross weight loss and my hobbling along.
So we finally get to the migraine part of the exam, the examiner states she only sees my surgeon's notes and asked what he had to say about the headaches and the nerve damage. I told her he referred me to a neurologist and they both said that due to the damage in the neck and the length of time the nerves were pinched off that the damage was more than likely permanent. That the cervicogenic headaches/migraines from the neck surgery wouldn't improve and that we've tried 3 different meds to no avail either they work too slow or the rebounds are twice as severe. She said she didn't see any of the neurologists notes, showed me the file that the VA sent. I pointed out that I recognized the format and logo of my neurologists report, told her the referrering Dr was on the right and the neuro's name was on the left. That is would have how many, how long, how it impacts my life and how it is tied to my neck surgery. then the light bulb went off above her head. Holy smokes. I tried hard not to be short with her.
She asked to see the meds I'm currently on. Some for tremors in right hand, some to try and prevent the headaches, something new for the migraines and then she saw the valium and asked why I was on it. Tried to explain that the flexeral wasn't working to relax the neck and shoulder muscles and they noticed I was a bit on the anxious side so they were trying the valium for a bit. I told her my head was thumping and just wanted to go home and lie down....
Next thing I know, I get a call from my local Out Patient Clinic for a MH appointment with a Psychiatrist. I had appointments last year and like an idiot blew them off. I have denied claims at the DRO for MDD and GAD currently. Just not sure what the hell to do at this point other than make sure I go to this appointment.
Monster
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