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
retiredat44
I am extremely angry at the (%$%$### insert extreme insult there..) at the VA claims people,, I sent a form in in April asking for a Hardship case, to help speed up my claim, and gave the health reasons why I am asking for them to stop dicking around and get working on my claim.. I told them Again, and again, and again,, and in person at the dro hearing in 2010, and in my claims I am suffering from the fatal disease Necrotizing Pancreatitis, and many other conditions and diseases..
Thye just sent me a letter saying they wil not work on my case until I send them the form back telling them if my hardship request is a new claim...!
I wrote back on the forms, that it is it is Not a new claim, it is a hardship request for my claim, asking them to expedite the claim that they have had at the local VA Regional since my DRO hearing, with no decisions.. I only requested that they consider my case a hardship because of my serious health condition... and that I want my claims worked on before I die or become incapacitated ! They are so stupid there, inept, incompetent bunch in San Diego!! I am glad I went to my congressman (2 weeks ago) and filed with them a letter asking them to look into why they have not worked on my claim since my DRO hearing 2010.
I put in the first frakkin paragraph that I am requesting my claim be moved along for hardship reasons... is that too much for those idiots to comprehend? And of course there is no direct contact with anyone there..
just have to write letters, and hope the dumbest person isn't the one working my case..
also, my VSO also has a copy of my hardship request.. so it wasn't done behind anyone anyone's back...
Another thing, sort of related to my claim, This morning I went to my neurologist and they brought in another neurologist, they agreed to look deeper into my neuro problems, and scheduled a new brains can... my left side is going weak and numb.. they cannot give me more meds because of the pancreas disease.. so they are looking to see if they can find out more of those problems.. they also told me they looked at all the doctor's notes form my days as an inpatient, and the notes regarding when i was unable to hold object or walk.. so whatever they find might help with some of the claims the VA has jerked me around with...
I can't help it, if some people here work there, or think the people that work at the VA claims are good people... they have been nothing but hell in my life...
Edited by retiredat44Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.
Link to comment
Share on other sites
Top Posters For This Question
21
11
6
2
Popular Days
Jun 17
8
Jun 21
8
Jun 7
5
Jun 19
4
Top Posters For This Question
retiredat44 21 posts
carlie 11 posts
deanbrt 6 posts
jbasser 2 posts
Popular Days
Jun 17 2012
8 posts
Jun 21 2012
8 posts
Jun 7 2012
5 posts
Jun 19 2012
4 posts
46 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