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
walt
Good Morning everyone and Thank you.
My claim has been in decision twice and has been sent back to gathering of evidence.the regional office has asked St.Louis DOD For this."request herbicide exposure documents" I understand they are checking the archives for documents from korean service. I have some questions please.First I have three cp exams with what I think is positive.One is for panic disorder from a va Phychiatrist saying ,"The condition/dissability panic disorder is most likely caused by or a result of military service.
The other two are for copd and high blood pressure,both saying, the condition/dissability" is as likely as not (greater than 50/50 probability} caused by or a result of military service.Am I correct in thinking it is still up to the rater whether I get anything or not?The copd and high blood pressure were written as an addendum at the time I went for the cp exam for the panic disorder.I had a cp exam by the same Dr. that gave these two opinions and he was no help at all on the conditions he examined me for then.
Also these three conditions are three of four I was denied for in 2000.The denial letter stated in the analysis...service connection is denied since the condition neither occurred in nor was caused by service. Yet directly above in the facts paragraph it says...The veteran has submitted evidence showing he was diagnosed with mild copd in 1979(I was in service at that time)Treatment records from va medical center in Murfreesboro Tennessee show he was treated for copd in Feb. 2000. It says basically the same thing for anxiety and high blood pressure.
In the evidence it says...Notice from nprc that they forwarded the veterans service medical records to Montgomery Regional office on August 4 2000 These records have not been received....medical evidence from the veteran....treatment records from va medical center in Murfreesboro TN. for the period of May 26 1992 to May 23,2000. They now have all this plus va records from Two other va medical centers.At the time they did not have two of my four dd 214's.They do now.
Thet stated in denial that if records were subsquently received claim will be reconsidered with date of claim protection. I pointed this out to them in my present claim.I guess they only got these records when I opened this claim.
As to the request from DOD for herbiside exposure...The presumptive date for korea agent orange and herbicide exposure begins1 April 68 and I left there in November 67.However I have a declassified document showing it was tested at nine different locations on 80 acres during Sept.,Oct.,Nov.and I think Dec.1977 I was TDY twice to the DMZ and was stationed six miles south.I have not found out the locations it was tested except The south border tape to civilian control line.Thre have been some granted Service connection for this.I am trying to get all info I can come up with.
I know some of this is repetative of my previous post but I tried to give all I could so you would be able to advise and/or comment. Thank you all very,very much.Too I noticed for first time im my va records..prognosses advanced emphysema.
Walter A. Brazelton SR.
Link to comment
Share on other sites
Top Posters For This Question
6
1
1
1
Popular Days
Apr 21
4
Apr 20
3
Apr 22
3
Top Posters For This Question
walt 6 posts
Berta 1 post
Chuck75 1 post
cooter 1 post
Popular Days
Apr 21 2012
4 posts
Apr 20 2012
3 posts
Apr 22 2012
3 posts
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