Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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
Continue Reading on HadIt.com-
- 0 replies
Picked By
Tbird, -
-
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.- 4 replies
Picked By
RichardZ, -
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”-
- 0 replies
Picked By
Tbird, -
-
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
yellowrose, -
-
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.Picked By
Lemuel, -
-
Question
Hoppy
In the most recent case, my focus on the vague comment "recent months" and the failure of the examiner to address the issue that there were known episodes of PAT triggered by exercise is no accident. I have previously made comparisons between the way claims are adjudicated under workman's compensation and the VA. What I learned when working workman's comp and civil cases is that when a doctor uses vague terminology or fails to address an issue it is no accident. Doctors are very capable of focusing on the issues and using clear descriptive terminology. Vague comments and avoiding issues are the way a defense report buries the truth. The doctors in the workers comp system become specialist in writing defense reports. A competent attorney does not seek reports from doctors who jump sides. The doctors who work labor law cases know that their reports will be reviewed by a doctor hired by the plaintiff's attorney. They are very careful not to make statements that are easily rebutted. They are masters at using words to disguise the truth. There are no laws preventing the VA from hiring examiners who previously specialized in writing defense reports for workman's comp.
Every case ever rated in the entire history of the VA should be mandatorily reviewed to re-evaluate the quality of medical exams used for rating purposes. The VA is a second class system by design. The biggest flaw in the VA system is that cases are adjudicated by doctors chosen at random by the VA. No worker's comp attorney would allow a claim to go to court with a lone vague and weak report written by the employer's doctor or a doctor chosen at random. Veterans file claims and when they are denied they usually want to get on with their life rather than fight a bureaucracy they do not understand. It is not that they do not have a case. The problem is that they were given a second class system when the congress decided to set up a non adversarial system and rely on the opinions of doctors who they presumed would be fair and impartial to veterans.
Unfortunately, my knowledge base is limited to psychology, back injuries and skin conditions. I will offer my opinion on the medical merits of these types of claims no matter how unqualified other posters might think I am. I have had way too many successful results to be intimidated by some of the raters and SO's who have posted to this board. 71M10 I am not talking about you. Our little misunderstanding was nothing compared to other posters. I am talking about a retired rating specialist from Chicago who argued with me, the late Alex Humphries and Clark Evens that the medical evidence in my angioedema claim "was a loser". There was another rating specialist and service officer who thought that I did not know anything about the medical issues in several claims that were eventually awarded.
Hoppy
100% for Angioedema with secondary conditions.
Link to comment
Share on other sites
Top Posters For This Question
4
2
1
1
Popular Days
Dec 13
6
Dec 12
4
Dec 14
3
Top Posters For This Question
bm6546 4 posts
71M10 2 posts
Hoppy 1 post
Bigred122 1 post
Popular Days
Dec 13 2011
6 posts
Dec 12 2011
4 posts
Dec 14 2011
3 posts
12 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now