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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
roses15534
spend 21 yrs in and on my exit physical about 5 months prior to retiring I told the doc about it and again on my Gulf War registry and ever since till present I have complained about it but never had a diagnosis and now I do 12 yrs later.
So do this mean it will be rated or service connected or not? I have read the following but don't know?
Certain chronic diseases, including arthritis, will be
presumed to have been incurred in or aggravated by service if
they manifest to a degree of 10 percent within one year after
separation from service, even if there is no evidence of such
disease during service. 38 U.S.C.A. §§ 1101, 1112; 38 C.F.R.
§§ 3.307, 3.309(a). If a chronic disease is noted during
service (or within the applicable presumptive period under 38
C.F.R. § 3.307), subsequent manifestations of the same
disease at any later date, however remote, will be service
connected, unless clearly attributable to intercurrent
causes. However, where a condition is noted during service
(or within the applicable presumptive period) but is not
chronic, service connection may be granted only where there
is evidence of continuity of symptomatology after separation
from service.
38 C.F.R. § 3.303(b).
GySgt USMC Retired 1980-2001 Food Services, Recruiter, Security Forces
20% residuals right shoulder
10% tinnitus
40% fibromyalgia
10% lipomas
20% lumbar spondylosis and degenerative disk disease
10% status post cholecystectomy with scars
10% right knee patellofemoral syndrome
10% left knee patellofemoral syndrome
50% anxiety disorder
20% chronic fatigue syndrome
10% keratoconus
30% gastritus claimed as heartburn with gerd, hiatal hernia and baret's esophagus
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