Many people will say this isn't possible, but I can honestly say yes due to the fact I had to move to anouther state and my records are still in possesion of the state processing my claim, even after enrolling in the new states VAMC system. I have been prescribed dilantin and depakote for seizures and resulting mood disorders for 8 years since diagnosis on EEG.I have a SC TBI awarded, and have severe epilepsy and psychiatric disorder diagnosed as a result by the VA. My claim is still being processed (3yrs so far) to have the Epilepsy added. The neurologist at the VAMC have diagnosed the seizures as a result after abnormal MRI. The VARO has ruled the Psychiatric disorder as secondary to epilepsy but ruled the epilepsy was not a result of the SC TBI I was retired for. The VA has reported me to DMV and I have lost driving privledges, after multiple injuries,concussions and requiring stitches from seizures. I appealed through DAV but they aren't effective. Contacted Congressmen and sent copy of records all they did was send letter of inquirery. Hired an attorney but since she gets paid on % of back pay she is content to drag it out as long as possible. I'm not worried so much about the claim anymore I just want Medication and therapy recontinued for now. Is their someone else I can contact? OIG? will the OIG even help or do they even bother, patient advocates have said the New VAMC here needs records to prescibe meds and appts. Had to relocate because severe financial loss due to loss of driving privledges and my new state VARO sent c-file back to prior state until it has been processed, and said they don't want to process here as I will recieve 3-4 yrs back pay, new VAMC has enrolled me but denied medication until my records are sent back, its been 11 months with no seizure meds and enrollment in tricare is waiting to recieve C-file. I also filed for general unemployability but VA says they aren't going to process that until my appeal is processed. I called the prior state of residence and told them I am not recieving meds because my new state is waiting for them to process and resend my C-file. They told me to withdrawl my original 3-4 yr old claim and file new one in SC and they will send records and my care resumed. Attorney says that will forfiet back pay. How do I get treatment resumed and who do I contact?Who do you contact if you have a SC TBI awarded, and have severe epilepsy and your claim is still being processed (3yrs so far) to speed up getting the Epilepsy added. The neurologist at the VAMC have diagnosed the seizures as a result after abnormal MRI. The VA has reported me to DMV and I have lost driving privledges, appealed through DAV but they aren't effective. Contacted Congressmen and sent copy of records all they did was send letter of inquirery. Hired an attorney but since she gets paid on % of back pay she is content to drag it out as long as possible. Is their someone else? OIG? will the OIG even help or do they even bother. Had to relocate because severe financial loss due to loss of driving privledges and my new state VARO sent c-file back to prior state until it has been processed, and said they don't want to process here as I will recieve 3-4 yrs back pay, new VAMC has enrolled me but denied medication until my records are sent back, its been 11 months with no seizure meds and enrollment in tricare is waiting to recieve C-file. I also filed for general unemployability but VA says they aren't going to process that until my appeal is processed. I called the prior state of residence and told them I am not recieving meds because my new state is waiting for them to process and resend my C-file. They told me to withdrawl my original 3-4 yr old claim and file new one in SC and they will send records and my care resumed. Attorney says that will forfiet back pay. How do I get treatment resumed and who do I contact?
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.
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.
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”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
PfcBrink65th
Many people will say this isn't possible, but I can honestly say yes due to the fact I had to move to anouther state and my records are still in possesion of the state processing my claim, even after enrolling in the new states VAMC system. I have been prescribed dilantin and depakote for seizures and resulting mood disorders for 8 years since diagnosis on EEG.I have a SC TBI awarded, and have severe epilepsy and psychiatric disorder diagnosed as a result by the VA. My claim is still being processed (3yrs so far) to have the Epilepsy added. The neurologist at the VAMC have diagnosed the seizures as a result after abnormal MRI. The VARO has ruled the Psychiatric disorder as secondary to epilepsy but ruled the epilepsy was not a result of the SC TBI I was retired for. The VA has reported me to DMV and I have lost driving privledges, after multiple injuries,concussions and requiring stitches from seizures. I appealed through DAV but they aren't effective. Contacted Congressmen and sent copy of records all they did was send letter of inquirery. Hired an attorney but since she gets paid on % of back pay she is content to drag it out as long as possible. I'm not worried so much about the claim anymore I just want Medication and therapy recontinued for now. Is their someone else I can contact? OIG? will the OIG even help or do they even bother, patient advocates have said the New VAMC here needs records to prescibe meds and appts. Had to relocate because severe financial loss due to loss of driving privledges and my new state VARO sent c-file back to prior state until it has been processed, and said they don't want to process here as I will recieve 3-4 yrs back pay, new VAMC has enrolled me but denied medication until my records are sent back, its been 11 months with no seizure meds and enrollment in tricare is waiting to recieve C-file. I also filed for general unemployability but VA says they aren't going to process that until my appeal is processed. I called the prior state of residence and told them I am not recieving meds because my new state is waiting for them to process and resend my C-file. They told me to withdrawl my original 3-4 yr old claim and file new one in SC and they will send records and my care resumed. Attorney says that will forfiet back pay. How do I get treatment resumed and who do I contact?Who do you contact if you have a SC TBI awarded, and have severe epilepsy and your claim is still being processed (3yrs so far) to speed up getting the Epilepsy added. The neurologist at the VAMC have diagnosed the seizures as a result after abnormal MRI. The VA has reported me to DMV and I have lost driving privledges, appealed through DAV but they aren't effective. Contacted Congressmen and sent copy of records all they did was send letter of inquirery. Hired an attorney but since she gets paid on % of back pay she is content to drag it out as long as possible. Is their someone else? OIG? will the OIG even help or do they even bother. Had to relocate because severe financial loss due to loss of driving privledges and my new state VARO sent c-file back to prior state until it has been processed, and said they don't want to process here as I will recieve 3-4 yrs back pay, new VAMC has enrolled me but denied medication until my records are sent back, its been 11 months with no seizure meds and enrollment in tricare is waiting to recieve C-file. I also filed for general unemployability but VA says they aren't going to process that until my appeal is processed. I called the prior state of residence and told them I am not recieving meds because my new state is waiting for them to process and resend my C-file. They told me to withdrawl my original 3-4 yr old claim and file new one in SC and they will send records and my care resumed. Attorney says that will forfiet back pay. How do I get treatment resumed and who do I contact?
Link to comment
Share on other sites
Top Posters For This Question
2
1
1
Popular Days
Jan 13
2
Jan 14
2
Top Posters For This Question
PfcBrink65th 2 posts
john999 1 post
Philip Rogers 1 post
Popular Days
Jan 13 2013
2 posts
Jan 14 2013
2 posts
3 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now