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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
yellowrose, -
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Question
Bigred122
Well after 7 months, I received a partial approval of my request to remove SPN number from DD 214.One usually has 3 years from release of service to file to remove any codes attached to DD 214.It was almost 40 years before I was even aware of this code and the damage it creates until I saw a article from Ed Crosby. Contacted him and he told me how to proceed.It is funny that the records I requested from NPRC that they had originally, but later denied having them were what was used to approve my request.The only difference in the records are the dates of when and where are off by 6 months. So I have requested copies of them for my disability claim. But the three judge panel deceided to waive the 23 yr statue of limitations,approved removal of code from all military records and will issue me a new DD 214 and they also upgraded discharge from General under Honorable Conditions to Honorable Discharge. No change in benefits, only difference besides title is General is in Black and White and Honorable is in shiney Technicolor. Due to how busy they are all this will take months to complete.(Curious to why they are so busy.This was supposedly all done in late 70's.Their only function is to correct Army military records. Each service has their own dept.) Once I receive updated copies, I will go into phase 2 per Eds guidance. So score is 1 win for VA, 1 win for Veteran.Trip to OKC went well, soon to receive several IMOs and even found a Great attorney at the Medical Clinic.Remembered non related surgeries that will fill in timeline on Section 1151 claim. Looking forward to DRO Hearing.(still no 30 day notice of when) I guess sometime in Feb 2013. Hoping Hoppy is Ok and await his comments.BigRed
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