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VA different higher normal HBP/HTN for vets 1 2
By Dustoff1970,
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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.
Rating Issues
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Tbird, -
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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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RichardZ, -
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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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Tbird, -
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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 rating
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yellowrose, -
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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.
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Lemuel, -
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Question
Testvet
I am currently SC at 100% P&T for PTSD, 60% CAD and 10% for hypertension, in June my PCP put me on oxygen this was shortly after a massive heart attack in April, I then spent from 10 June - 28 June in ICU for Congestive Heart failure, my wife got my PCP to get us a light weight wheel chair that she could handle me easier than fighting with the huge power chair they issued me back in Sep 2003.
Should I file for the Biventricular pacemaker/defib that was put in on Wed due to my ejection fraction of being 10%, they are hoping it will increase my ejection fraction over the next few months, since my wife basically does everything for me, meds, driving, showering should I file for A&A? The doors to the bathrooms need to be widened for the wheel chairs which program covers that? I can't walk more than 50 feet any longer the docs can't or won't give me a time frame just that I am "end stage congestive heart failure" any ideas will be appreciated, so I can point my wife in the right directions.
The night they did it Wed I was in quite a bit of pain my wife told them the percocet wasn't touching this pain, the nurse came in with demorol it wasn't but a few seconds later I was totally loopy and talking all kinds of BS Dori, my brother and the nurse were all cracking up, I slept like a baby. The rep from Medtronic came by about 8 and waved a device over my chest and down loaded the data it has collected since the insertion just to see that it was firing on all cylinders, they told me that they did not do the big test where they stop your heart to see if the defib works right or not but that the pacemaker function was doing it right but stopping my heart and hoping it would restart just didn't make a lot of sense to anyone, works for me with my luck it wouldn't have restarted.
My wife said the doctor told her I can't swim or take a bath to get the incision soaking wet and not to over use my left arm for the next few weeks 2-3 so the leads will have a chance to start having tissue grow around them to hold them in place. Now I can't even carry in the bread lol life is rough and I have a wife that I don't deserve she treats me so well and I know I am a pain in the azz
Hopefully now with this new gizmo I will be able to offer my 2 cents here for years to come a few months ago I wouldn't have bet any amount of money I would live to Xmas, now I am wiling to make that bet
100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."
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