Hello everyone. I am a brand new member (See introduction in that section) and I am wondering the same thing that most people probably do when they first start this process. That is how much will I get? While I understand that every case is different and nobody can tell for certain what ratings I will or will not get, I was hoping that some of you that have been through the process already would be able to give me an estimate based upon the information that I provide.
I have read through the regulations, these forums and others and I have also studied the VASRD thoroughly. The best estimate that I have been able to come up with on my own is that I should get 30-50% from DOD and 70-90% from the VA. I was referred to the MEB due to spinal fusion of T7-T8, foraminal stenosis, 2 buldging discs, plantar fascitis and an injury to my left wrist that required surgery and causes me chronic pain.
I have already had the C & P exams done by the VA and he did tell me that I have substantialy decreased range of motion but I do not know the exact numbers yet.
Following is the list of "issues" that the VA is currently considering for my compensation rating. Estimates and questions are welcome;
I am currently using a CPAP machine for the sleep apnea and the VA psychologist diagnosed me with severe, chronic depression. I am also now keeping a log for the incontinence issue but I just started doing that a couple weeks ago at my attorney's suggestion.
All of my "gethering evidence" type appointments are complete and I am now waiting on the NARSUM and it is driving me crazy wondering what the outcome will be so any feedback would be most welcome...thanks!!
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.
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.
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”
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.
Question
Quaymar
Hello everyone. I am a brand new member (See introduction in that section) and I am wondering the same thing that most people probably do when they first start this process. That is how much will I get? While I understand that every case is different and nobody can tell for certain what ratings I will or will not get, I was hoping that some of you that have been through the process already would be able to give me an estimate based upon the information that I provide.
I have read through the regulations, these forums and others and I have also studied the VASRD thoroughly. The best estimate that I have been able to come up with on my own is that I should get 30-50% from DOD and 70-90% from the VA. I was referred to the MEB due to spinal fusion of T7-T8, foraminal stenosis, 2 buldging discs, plantar fascitis and an injury to my left wrist that required surgery and causes me chronic pain.
I have already had the C & P exams done by the VA and he did tell me that I have substantialy decreased range of motion but I do not know the exact numbers yet.
Following is the list of "issues" that the VA is currently considering for my compensation rating. Estimates and questions are welcome;
Thoracic/Lumbar spondylopathy w/myelopathy (New), Left Wrist Pain (New), Left Plantaris Tear (New), Chronic Arch Pain (New), Scars (New), GERD (New), Chronic Gastritis (New), Hiatal Hernia (New), Fecal Incontinence (New), Sleep Apnea (New), Insomnia (New), Rib(s) Condition (New), Hemorrhoids (New), Chest Pain (New), Eczema (New), Skin Condition (New), Loss of Sphincter Control (New), Memory Loss (New), Chronic Fatigue (New), Depression (New), Tinnitus (Bilateral) (New).
I am currently using a CPAP machine for the sleep apnea and the VA psychologist diagnosed me with severe, chronic depression. I am also now keeping a log for the incontinence issue but I just started doing that a couple weeks ago at my attorney's suggestion.
All of my "gethering evidence" type appointments are complete and I am now waiting on the NARSUM and it is driving me crazy wondering what the outcome will be so any feedback would be most welcome...thanks!!
Link to comment
Share on other sites
Top Posters For This Question
4
2
1
1
Popular Days
Mar 21
5
Mar 8
2
Mar 22
2
Mar 20
1
Top Posters For This Question
Quaymar 4 posts
jvretiredvet 2 posts
carlie 1 post
Gulfvet45 1 post
Popular Days
Mar 21 2012
5 posts
Mar 8 2012
2 posts
Mar 22 2012
2 posts
Mar 20 2012
1 post
9 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