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Must View By All Vets. Paperless Veterans Affairs Will Be Impossible Even In 10 Years.
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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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Tbird, -
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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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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
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.Picked By
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Question
Capt.
Hello All,
(There may be a long pause before the hearings begin so you may use your cursor to get it to the start of both of these)
Ok......here is the law of the jungle and thats the way the cookie crumbles ,,,,,please watch the House Veterans Committee hearing and listen to the 2 hour and 40 Minute mark where the Director of the National Archives and Records , Mr. Bosanko's testimony. HVAC hearings from Dec 6, 2012.
Also please look at the June 19 2012 hearings with Undersecretary Hickey and close attention to the backlog and this paperless myth dream. Also watch Congressman Filners amazement.
Mr. Bosanko testifys that under question from Congressman Filner and others that ........
They have 3000 current employees.
There are about 60 employees that were scanning documents
There are between 600 million and 1 billion pieces of documents for Veterans transfer to "paperless".
The cost has run somewhere between 150 -186 million dollars and something like 10 million dollars for their part.
NARA,,National Archives and Records Administration has current contracts with the DOD.
NARA has an agreement for work with the Veterans Benefits Administration to scan records into VBA and Veterans Benefits Management Services. BUT they will not be under one program but 2 separate ones...one for DOD and one for VA.
General Eric Shenseki has promised to "break the back of the backlog" by 2015.
Now enter the Office of the Inspector General and the "Review of Transition to a Paperless Claims Processing Environment" Report dated just a couple of weeks ago Feb 4 , 2013 is on line at here for our folks to review......
http://www.va.gov/oig/pubs/VAOIG-11-04376-81.pdf
Now if you review this report and the testimony and questions from Congressman Filner on how many Employees would be needed to get the job done by 2015 and Mr. Basankos testimony from the hearing Dec 6, 2012 would be
4000 employees ......4 0 0 0 .....four thousand.... from 60 to 4000...where and how much is this going to cost???
So it means that we are now looking at some real problems
There is no contract or decision by VA to increase personnel,
We cannot get to the 2015 goal according to OIG report.
The DOD records are separate than the new VA records..... 2 different sets of records and more contract problems due when contract expires AGAIN in July 2013.
The pilot programs presently being used to scan to a paperless VA only involve 5 Regional Offices.
The National Archives and Records Admin HAS NOTHING TO DO WITH ANY CLAIMS DECISIONS as the testimony says.
Sooooooooo folks the Veterans Benefits Administration and the Regional Offices will not be online to ALL Regional Offices and will not have the records necessary for a "Paperless" decision from the Regional Offices anytime in the near future...
Soooooooo what does this mean for the backlog???? How can the decision process be made for initial decisions, NODs or Appeals process.......with only a few ROs handling it???
And we have not even had a discussion for the BVA process of the "Paperless" segment of records for their decision reviews by Mrs Hallidays BVA Director of some sort,,, testimony for the California ROs are full of errors.
I can go on but it only makes me sick to my stomach to see this. WIth no answers in sight.
We also now find out that the actual number of claims has dramatically been increased and the backlog is now running from 2-3 years and BVA appeals are 3-5 years....but there are a few ,,,,very few Fully Developed Claims that have been awarded at under 9 months.
We also find out the suicide rate now among our Veterans has jumped from 13 in 2011 and 2012 to .....22 per day..... and that does not count California or Texas which have the 2 largest Veterans Populations. So is there any relationship to the suicide rate and the claims backlog and appeals process????? Without a doubt.
http://www.va.gov/opa/docs/Suicide-Data-Report-2012-final.pdf
I have been involved with much research and study with VA and claims figures for about 10 years and over 6 years here on Hadit but I have never seen anything so discusting , so frustrating , so broken as the VA, our Veterans care and claims issues as what we as a country and as a group are seeing now. It is the worst since I started tracking and keeping records and dealing with other Vets.
This is going to make all of us that care and to try and get our fellow Veterans help and those coming into the system of this thing we call the VA to realize more than ever that a Veteran can ........NEVER GIVE UP. God Bless, C.C.
Edited by Capt.ContaminateLink to comment
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