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Completed C&p For Deferred, And Now Going Backward
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
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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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Question
AFMedic09
So, I finished my second C&P for Incontenence, Cyctocele/Rectocele, and Prolapsed bladder/Uterus. At the time of the exam (Nov 1st) I was in Preparation for Decision. Today I checked my status and I am at Gathering of Evidence again. New timeline is 11/2013-5/2014. REALLY?!?!?!?! I am confused by this because this should have been the last hurdle to completing these deferred issues. (Assuming I don't have to NOD the decision once made...) Checked my letters to see if there was a change and they had all disappeared for about 2 hours, and now they are back up just the same as they were before. Another year to decide this issue that has been pending since 10/2009?? The C&P dr told me that I should speak with my VA Dr. about having hysterectomy because otherwise my condition would not improve. (I have another discussion about that on the C&P Forum) So I thought she agreed with the Urology/Gyn Dr. from Duke/UNC whose report I have already submitted to the VA during my initial Gathering of Evidence. I just hope this is a glitch...not sure what else they could want to do to me...I'm still in pain from my exam done on Thursday. Just ready for all of this to be over.
1 John 4:9
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