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Copays And Very Trickey Process Repay Va
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
From CCK-Law.com
VA Disability Payment Schedule for 2025
VA Disability Rates 2025- 2 replies
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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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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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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
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Capt.
http://www.va.gov/he...ce_brochure.pdf
Hello All,
Please read the above first.
I would like to alert our Veterans and their Dependents to a problem that is happening not just to me , but many Veterans. I would also like to hear from some of you on your thoughts if you ever got your copays refunded to you once you became 50% or more, or when you hit the 100% SC mark.
So first lets put the program out there so the Veteran can see how he can quickley get in trouble and have his copays TAKEN OUT OF HIS DISABILITY CHECK if under 50% SC.
This is really sick also.
Here some scenarios that can happen and have happened to me.
If a Veteran under 50% SC decides that he can qualify thru the Means test to reduce or have his copay forgiven and files his Means test (must be done yearly) and he makes a mistake that will put him above the minumum threshold which is roughly 13200 per year net with one dependent. The VA has been paying copays because the Veteran is under 50%. Ok it gets worse. The VA only will pay those Copays that are related to the service connection. They can bill you for anything they feel that is not service connected on your copays and office visits, hospitals or fee basis procedures or visits. BIG PROBLEM. Because once you catch the mistake the timeline is gone and you only have that short window to correct it. The issue gets clouded because the VA does not notify you until they make sure it has some time on it so you can't correct it. Out goes the notice that you do not qualify for the Copays and they want you to repay. You can sign an agreement with the Finance Office but if more than one Medical Billing office is involved you can really get confused. Thinking you have sent your payment to one and have another say your late. Here is where the problem starts to really get big. The VA can then garnish your SC Disability Check until ALL of the owed Copays are paid back. And not only that but remember as long as you are under 50% SC , this can go on for many years until a Vet files for higher scheduler on his or hers rating and that means appeals process in most cases.
Also remember that the VA may decide several meds and visits really do not meet the criteria for a service connected copay. This is also where a secondary disease or service connected , say aggravated by an S/C award can also be charged to the Vets account.
Now imagine the Veteran is hoping to get his Disability Check and Whammo....its not there in his or hers account. And they do it for 2 or 3 or 4 months. Oh yes ,,,,,they make a mistake and take out too much......sorry . After lengthy phone calls you finally find someone who may help you to figure out they took out too much. Now it will take 30 days to get the check mailed to you. It will not be put back into your account as autodeposit either.
Your means test is very important and your making sure there are no mistakes as well as any hardship or waiver request be done and without missing a step. You can still get caught in this endless circle.
Folks , it sounds like this is hypothetical but I can assure you it did happen to me.
Now here is where it really gets bad. The Veteran is trying to get his or hers disability claim resolved correctly the first time at the VARO. We know that is impossible. What is also opening the door for the above is the faulty decision that puts the Veteran at 40% ,,,,,,,,,,,, its never 50 or 60 or 70 the first time out. So the Veteran has this problem looking at him every year because of a faulty decision and has to pay back to VA . So several years down the road and much pain and financial hardship later, the VA finally gets it right and gets you the INCREASE Granted above 50 % or higher and you then are finally free of this sick little trap , carefully put together by those who brought you the mess in the first place.
I would love to hear from the board on how many of us have had to go thru this plot and also .....How many have recovered all medical and prescription copays from the VA when you got either above 50%, but I believe it is above 100% and all of it has to be repaid back to the Earliest Effective Date or the Award claim letter date? Also how long did it take???
Remember just because they said you would only have a slight copay and can pay it back really does not happen. They will take it until they decide other. So lets hear some more stories and I am sure that their are some folks that can give help to our Veterans on suggestions or ways to not let it happen and to recover those copays and how long will it take. I know I have had to decide to NEVER GIVE UP ......or I would not have gotten it straightened out. God Bless, C.C.
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