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Is Va Trying To Screw Me Again
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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
Teac
I have had an appeal pending at Houston RO since Feb 2010. I keep checking ebenefits to check the status. Until last week it had no movement at all, still stuck at the Regional office. I called last week and inquired on the status and was told Houston is so backlogged it takes two plus years to get it to the BVA. Late last nite I checked ebenefits again and it had two new entries. One entry said SOC 6/1/2012 and the other entry said Form 9 6/11/2012.. I never received either item. I tried to initiate an ebenefits email inquiry, but it kept rejecting my question saying my SSAN was in use by another member. So today I called the va and inquired. I was told not only were these items mailed, but that my POA Texas Veterans had responded. First, I have no POA assigned as I do all my own work, secondly they are in my opinion the worst people to assign the POA. But more important, I have no idea how the Texas Veterans responded. The other problem is we only have 60 days to respond to the SOC and appeal although I thought I already done a form 9 and NOD two years ago. But now my understanding is I may be screwed because I did not get the SOC I could not respond...... any suggestions?
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