After many years of walking what seemed like near the cliff with my claim, I am finally rated, with TDIU deferred. I am a bit confused about this and am requesting any thoughts on what I can do to get the earliest date possible, if TDIU were to be granted. The POA that I spoke with today confused me even more when I asked if TDIU were granted, would the date go back to when I submitted my VA application for service connection (2005). I was told that VA looks at when the TDIU was inferred, or mentioned in documents, which makes it more confusing in my mind. If in an actual rebuttal from me, it would have been in 2010 when I successfully disputed a C&P where it was inadequate, including the examiner "missing" that I was considered unemployable, receiving SSA benefits since 2000, which would clearly be in VA records since I'd noted it in my original VA disability application. I am aware that one agency's decision does not impact on the other's decision, but wouldn't that be inferred from the original VA application? Additionally, I will have to go to another C&P to determine TDIU which he said would open up the whole claim matter again, but if they tried to reduce, that there are no future exams scheduled, which further helps with the rating that I received? I don't understand why the last C&P exam didn't cover it, but I suppose that's not the way they have operated, at least not with my claim. I don't grasp why it would open up the whole rating decision when it's only recently that the decision was promulgated. Okay, so I can be a bit paranoid, but I've gotten to be very distrustful after years of the mishandling of my claim, so am wondering exactly what is it that they could be looking for. In 2005, I submitted the information that I receive SSDI since 2000, but VA never sent for those records until 2010. I know this because it's in a written document which made me suspicious that they were looking for what I receive SSDI since at the inadequate C&P exam, it was noted that I am insulin dependent diabetic. However, I was not diagnosed with diabetes until 2004, so my SSDI has nothing to do with any other illnesses, except for the mental category. So, can anyone give me any information of how to proceed? Thank you so much!!
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
Ethan'sGrandma
After many years of walking what seemed like near the cliff with my claim, I am finally rated, with TDIU deferred. I am a bit confused about this and am requesting any thoughts on what I can do to get the earliest date possible, if TDIU were to be granted. The POA that I spoke with today confused me even more when I asked if TDIU were granted, would the date go back to when I submitted my VA application for service connection (2005). I was told that VA looks at when the TDIU was inferred, or mentioned in documents, which makes it more confusing in my mind. If in an actual rebuttal from me, it would have been in 2010 when I successfully disputed a C&P where it was inadequate, including the examiner "missing" that I was considered unemployable, receiving SSA benefits since 2000, which would clearly be in VA records since I'd noted it in my original VA disability application. I am aware that one agency's decision does not impact on the other's decision, but wouldn't that be inferred from the original VA application? Additionally, I will have to go to another C&P to determine TDIU which he said would open up the whole claim matter again, but if they tried to reduce, that there are no future exams scheduled, which further helps with the rating that I received? I don't understand why the last C&P exam didn't cover it, but I suppose that's not the way they have operated, at least not with my claim. I don't grasp why it would open up the whole rating decision when it's only recently that the decision was promulgated. Okay, so I can be a bit paranoid, but I've gotten to be very distrustful after years of the mishandling of my claim, so am wondering exactly what is it that they could be looking for. In 2005, I submitted the information that I receive SSDI since 2000, but VA never sent for those records until 2010. I know this because it's in a written document which made me suspicious that they were looking for what I receive SSDI since at the inadequate C&P exam, it was noted that I am insulin dependent diabetic. However, I was not diagnosed with diabetes until 2004, so my SSDI has nothing to do with any other illnesses, except for the mental category. So, can anyone give me any information of how to proceed? Thank you so much!!
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