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Metal Fragment Found During Todays Mri Scan Now What?
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Carl the Engineer,
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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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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
Carl the Engineer
Need suggestions on how to proceed.
Today I had a MRI scan of my head because of a sudden (although minor) hearing loss in my left ear. They are checking for a growth on any ear nerves, etc.
Before the scan, they asked me about any metal in my body and all of the usual MRI questions. I did not have any that I knew of.
So, they start the scan and then stop it and the tech comes in the room and removes me from the tunnel and says I have a small piece of metal in my fore head. I asked him if it was above my left eye and he said that it was. I pointed to a small bump on my forehead and he said, yes there.
When I was in Iraq in 03, one day, I found a very small bump on my forehead that was leaking a small amount of clear fluid. It would scab over and I would pick it and it would leak and scab over. I went to the battalion aid station, which was commanded by an E5 medic at the time, who didn't know what to do so he took me to the South Koreans who where at our base treating local nationals. The doctor there poked at my face and said it was acne or a pimple. I have all of the sick slips and medical notes, from the South Koreans as well.
When I got out in 2008, I added it to my claim as it was still leaking and scabbing, etc. At the C&P, the NP looked at it and asked if it hurt and I said no. I told her it leaks and scabs, etc... Anyway, I was denied, "Service connection for facial skin condition is denied". They talk of acne in the reasons.
So, now I know it's not acne, but a small piece of metal (definitely metal, they showed me on my MRI) in my forehead.
I plan to see a dermatologist and get it removed and the surrounding area checked out. I have insurance through my work that I met the deductable a long time ago so I have until the end of the year at no cost to me.
However, it's not urgent (been leaking and scabbing for 10 years), how should I proceed?
I was denied in 2009, but maybe for the wrong reason??
And what to do in what order?, etc...
Thanks,
Hamslice
“There is no hook my friend. There's only what we do.” Doc Holiday
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Carl the Engineer
Vync, The technicians got real excited and shut er down and pulled me out. They ask if I felt a burning sensation. I didn't, probably too small. Anyway, for now I can say "yes" to do you have a
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