Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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.
Rating Issues
Continue Reading on HadIt.com-
- 0 replies
Picked By
Tbird, -
-
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.-
- 4 replies
Picked By
RichardZ, -
-
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”-
- 0 replies
Picked By
Tbird, -
-
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, -
-
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
Lemuel, -
-
Question
iroberts
Hello everyone,
I've been lurking here for a while but decided to finally post. I was medically retired from the USAF with a SC of 10% (10% for the VA and 60% for the DOD retirement) in 2010. My disability is an eye disease (retinitis pigmentosa) and I have noticed it has gotten worse over the last few years.
I contacted the Blinded Veterans Association to see if they could help me navigate the VA and see about getting an increase. Despite a few hiccups (not receiving phone calls or emails back for weeks at a time) they have been generally helpful.
However after reading these forums I'm not sure if everything was done correctly. The BVA had me start the claims process (I think the online 526 form) in November 2013 (starting it but not submitting it). Shortly after that the claim was submitted on December 3rd 2013. Later on that month I was scheduled for some eye exams at the VA hospital here (December 29th). Everyone there (the techs, ophthalmologist, VIST coordinator, etc.) said I should definitely be much higher than 10% since much of my vision is missing as shown by my field of vision tests.
I have since learned that the supposedly this medical data is in the system and that it would be part of my claim. However I can find no evidence of this.
When I go to view my "submitted applications" all I can see is the original 526 that was submitted on December 3rd. There's even a box checked on the form that says "I DO NOT want my claim considered for rapid processing under the FDC Program because I plan to submit further evidence in
Link to comment
Share on other sites
Top Posters For This Question
12
3
2
2
Popular Days
Mar 12
5
Mar 10
4
Mar 17
3
Mar 11
3
Top Posters For This Question
iroberts 12 posts
Berta 3 posts
john999 2 posts
71M10 2 posts
Popular Days
Mar 12 2014
5 posts
Mar 10 2014
4 posts
Mar 17 2014
3 posts
Mar 11 2014
3 posts
Popular Posts
71M10
You expressed concern that you could not see the medical exam records associated with your claim when you looked at it. It is my understanding that the claim form you submitted will not serve as a li
john999
My so-called FDC has taken almost 9 months and is still at gather evidence stage. My claim is for an increase. It is pretty cut and dried. Also, just because your evidence is before the VA does not me
19 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