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Filed Complaint Against Regional Office After Losing Evidence 2Nd Time
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georgiapapa,
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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.
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Tbird, -
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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.-
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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”-
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Tbird, -
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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, -
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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, -
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Question
georgiapapa
Well I have either shot myself in the foot and put my current claims on the real slow track or I will get some action going on my claims. I simply reached my breaking point with my local VARO and I sent a written complaint to the VA through IRIS requesting an in person meeting with the person in charge of my local VARO. I advised that if the meeting could not be arranged, I wanted telephone numbers, names and addresses of the Inspector General of the Veterans Administration and the Director of the Veterans Administration. I am ready to fly to Washington if necessary if that is what it will take to straighten out the mess my claim is in due to the incompetence at my local VARO.
I filed claims for AO multiple myeloma and Peripheral Neuropathy secondary to multiple myeloma in 2011. I submitted all of my evidence via certified mail in 2011 and my VARO lost the evidence. As a result, I hand delivered copies of my entire evidence package to my VARO in May 2012. Although I had the first six pages of my evidence date stamped, which is all they would date stamp, the "Evidence Received" section on my Ebenefits indicated the VARO did not receive any evidence unti August 19, 2012.
I had my C & P exam on September 12, 2012 for my claims. I received a copy of the report and the VA examiner indicated in her report that I had multiple myeloma and she also indicated my peripheral neuropathy was as likely as not secondary to my multiple myeloma. Sounds good but read on.
Based on the C & P report, I thought everything was back on track with my claim until I received a letter from my VARO today requesting evidence in support of my claims. The requests were for evidence I had previously submitted in 2011 and 2012. Also, they asked for evidence showing that I had received medical treatment for my current "skin condition" which they indicated was multiple myeloma, within one year of my last exposure to agent orange. Although I submitted approximately 100 pages of doctor reports, lab reports, diagnostic test reports, IMOs, military records of Vietnam service, etc; the morons at my VARO think that multiple myeloma is skin cancer and must manifest itself within one year of exposure to agent orange. Multiple myeloma is a blood cancer in the bone marrow and has nothing to do with the skin. It also does not have to manifest itself within one year of agent orange exposure. The VARO has myeloma confused with melanoma which is a skin cancer. It is hard for me to believe the VA has persons working on AO claims who do not have a working knowledge of the AO diseases.
The letter I received today from my VARO also had a list of the evidence they claimed they had received from me. According to their list, I had only submitted five documents or about a dozen pages rather than the approximately 100 pages I actually submitted on two previous ocassions. They don't even show my diagnosis letters or my IMOs yet they sent me for a C & P exam. Now they have given me to October 25th to submit my evidence, for the third time. In my IRIS complaint, I asked for the in person meeting with the person in charge of my VARO to take place before October 25th.
I am sorry for the long post but I had to vent to people who understand exactly how I feel. I do not mind waiting my turn, I just don't like being sent back to the end of the line because of the mistakes and incompetence of my VARO.
If anyone has any comments or suggestions, please let me know.
Georgiapapa...
P.S.- I have three other claims I plan to file for IHD, mental health disorder & a scar rating for a service connected shoulder injury but I am holding off until I can straighten this mess out on my current claims.
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