I was awarded IU last May 2013 with an effective date of May 2012. I filed a request last month that my IU status be considered to be P & T. To support my request I submitted a letter from the Neosurgeon who is treating my SC, IVDS (Lumbar Spine) and who performed my lumbar laminectomy. On the letter he stated that the condition of my lumbar spine will not have a significant improvement in the future and thus anticipate that I will be permanently disabled. I also submitted a copy of the evaluation of the VR & E therapist that I am not feasible for any training and employment due to the severity of my SC disabilities and thus I am enrolled in ILP.
Last week I received a letter from the VARO that states:
You may be entitled to the compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service connected disabilities. If you believe you qualify, complete, sign and return the enclosed VA Form 21-8940, Veterans Application for Increase Compensation Based on Unemployability.
Send us any treatment related to your claimed conditions. This includes reports or statements from doctors, hospitals, laboratories, medical facilities, mental health clinics etc.
I am just wandering if I have to resend all these reports which they already have and used to rate my disabilities. They already rated me with IU, do I still have to fill up another VA Form 21-8940.
As stated above, I already sent the letters or documents to support my request.
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
Aristotle
I was awarded IU last May 2013 with an effective date of May 2012. I filed a request last month that my IU status be considered to be P & T. To support my request I submitted a letter from the Neosurgeon who is treating my SC, IVDS (Lumbar Spine) and who performed my lumbar laminectomy. On the letter he stated that the condition of my lumbar spine will not have a significant improvement in the future and thus anticipate that I will be permanently disabled. I also submitted a copy of the evaluation of the VR & E therapist that I am not feasible for any training and employment due to the severity of my SC disabilities and thus I am enrolled in ILP.
Last week I received a letter from the VARO that states:
You may be entitled to the compensation at the 100 percent rate if you are unable to secure and follow a substantially gainful occupation because of your service connected disabilities. If you believe you qualify, complete, sign and return the enclosed VA Form 21-8940, Veterans Application for Increase Compensation Based on Unemployability.
Send us any treatment related to your claimed conditions. This includes reports or statements from doctors, hospitals, laboratories, medical facilities, mental health clinics etc.
I am just wandering if I have to resend all these reports which they already have and used to rate my disabilities. They already rated me with IU, do I still have to fill up another VA Form 21-8940.
As stated above, I already sent the letters or documents to support my request.
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