Thanks for all the helpful info with my father's claim. Sorry if this is offensive sounding for blaming VA for what I do.
As an indirect result of the VA not following their own law regarding TDIU, my father is in a state of financial hardship and afraid to file a hardship claim because they sometimes declare those unable to pay bills as incompetent. What a nice cycle they have created. Delay claims, don't award appropriate amount, cause hardship, declare incompetent. Maybe the did or did not directly cause this hardship, or maybe we shouldn't factor in things that aren't his yet as part of a present problem, but law is law (at least I think it is) and the VA didn't follow it.
Brief summary:
Claim filed in 2005. Finally awarded in 2012 @ 50%, but they failed to infer the claim for TDIU (on SSD since 2003, and mentioned SSD with service connected symptoms in award letter). His doctor letters declare him permanently disabled from working (VA doctor). Filed NOD in 2013 stating that his claim should have been inferred automatically for TDIU and that his rating should have been higher and considered permanent due to the evidence they were aware of. Currently still waiting for that NOD to be processed (over a year later).
He's not happy with his VSO at the American Legion. He's dealing with financial hardship (eviction notices), but is afraid to file for a hardship claim because of other vets claiming that because of the hardship they were deemed incompetent and assigned a fiduciary. He's also planning on getting a house with a VA loan, but you can't get that if they declare you incompetent. His credit is good.
If they just DID THEIR JOB and inferred his claim in the first place for TDIU, he wouldn't be in this situation at all (including late rent payments that make him have to wait another 12 months without lateness on rent for VA loan approval).
The VA making him wait the initial 7 years attributed to him to losing his home of 30 years. Not inferring his claim when they should have has caused him to have to move twice for cheaper (apartments). He's 65 years old and not in the greatest of heath as it is.
His claim is going on almost 10 years. It was their job to infer this claim and they didn't. They messed up the past, their messing up the present and he can't file for hardship because they might also mess up his future.
If he had a CLEAR inferred claim for TDIU and they NEGLECTED to infer it, is there any way now to get this NOD expedited due to their mistake and neglect instead of his hardship (that they are in part responsible for)? So much is at stake.
Sorry for the aggressive tone, but this has been so frustrating... Almost 10 years is too much.
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
sevensees
Hi again,
Thanks for all the helpful info with my father's claim. Sorry if this is offensive sounding for blaming VA for what I do.
As an indirect result of the VA not following their own law regarding TDIU, my father is in a state of financial hardship and afraid to file a hardship claim because they sometimes declare those unable to pay bills as incompetent. What a nice cycle they have created. Delay claims, don't award appropriate amount, cause hardship, declare incompetent. Maybe the did or did not directly cause this hardship, or maybe we shouldn't factor in things that aren't his yet as part of a present problem, but law is law (at least I think it is) and the VA didn't follow it.
Brief summary:
Claim filed in 2005. Finally awarded in 2012 @ 50%, but they failed to infer the claim for TDIU (on SSD since 2003, and mentioned SSD with service connected symptoms in award letter). His doctor letters declare him permanently disabled from working (VA doctor). Filed NOD in 2013 stating that his claim should have been inferred automatically for TDIU and that his rating should have been higher and considered permanent due to the evidence they were aware of. Currently still waiting for that NOD to be processed (over a year later).
He's not happy with his VSO at the American Legion. He's dealing with financial hardship (eviction notices), but is afraid to file for a hardship claim because of other vets claiming that because of the hardship they were deemed incompetent and assigned a fiduciary. He's also planning on getting a house with a VA loan, but you can't get that if they declare you incompetent. His credit is good.
If they just DID THEIR JOB and inferred his claim in the first place for TDIU, he wouldn't be in this situation at all (including late rent payments that make him have to wait another 12 months without lateness on rent for VA loan approval).
The VA making him wait the initial 7 years attributed to him to losing his home of 30 years. Not inferring his claim when they should have has caused him to have to move twice for cheaper (apartments). He's 65 years old and not in the greatest of heath as it is.
His claim is going on almost 10 years. It was their job to infer this claim and they didn't. They messed up the past, their messing up the present and he can't file for hardship because they might also mess up his future.
If he had a CLEAR inferred claim for TDIU and they NEGLECTED to infer it, is there any way now to get this NOD expedited due to their mistake and neglect instead of his hardship (that they are in part responsible for)? So much is at stake.
Sorry for the aggressive tone, but this has been so frustrating... Almost 10 years is too much.
Anyone have any ideas?
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