After filing a claim via FDC system on Ebenefits in June of 2013 I checked my status and it has changed from Gathering Evidence back to the Review stage. I call the VA and they tell me they are sending me for a C&P exam. My contention is that I should be getting 20% for my DMII due to the fact that I now have to take oral medications to control my glucose level. My PN is getting worse as well. All my records are at the VA Hospital in Tampa. Ebenefits showed that they claim to have asked me for a 5103 Waiver, and that I never supplied one. This is a damn lie since they never sent me a VCAA letter, but I made a sworn statement to the VA in December 2013 that I had no more evidence to submit, and that all my evidence was at the VA Hospital in Tampa, Fl. My VARO is St. Petersburg, Fl. 25 miles away. Now the VA blames me for the delay in my claim, the bastards. My claim was a FDC according to my understanding. A year to get a C&P exam which is probably not even necessary to grant my increase. Another chance for the VA to fail to notify me of the exam date and time so they can deny it. Is this stupidity or bad intent? I am not going away, so they can forget it.
If the VA can manage to take almost a year to do a claim like mine I pity the poor vet who is trying to get TDIU because he can't work. I did write my congressman, and that may have got them off their AZZ'es to do something. I don't normally interact with congress critters about VA matters. However, when the VA manages to screw up such a simple claim I just get mad because my claim was gathering dust, and would have continued to gather dust. I don't contact congress critters because it usually does not help. Maybe this time it did help.
The VA person said the C&P exam may want me to file out a disability questionnaire. I have never done that before. It has been about 5 years since I have had a C&P exam. The last exam took about ten minutes. Is there something new I need to know about?
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
john999
After filing a claim via FDC system on Ebenefits in June of 2013 I checked my status and it has changed from Gathering Evidence back to the Review stage. I call the VA and they tell me they are sending me for a C&P exam. My contention is that I should be getting 20% for my DMII due to the fact that I now have to take oral medications to control my glucose level. My PN is getting worse as well. All my records are at the VA Hospital in Tampa. Ebenefits showed that they claim to have asked me for a 5103 Waiver, and that I never supplied one. This is a damn lie since they never sent me a VCAA letter, but I made a sworn statement to the VA in December 2013 that I had no more evidence to submit, and that all my evidence was at the VA Hospital in Tampa, Fl. My VARO is St. Petersburg, Fl. 25 miles away. Now the VA blames me for the delay in my claim, the bastards. My claim was a FDC according to my understanding. A year to get a C&P exam which is probably not even necessary to grant my increase. Another chance for the VA to fail to notify me of the exam date and time so they can deny it. Is this stupidity or bad intent? I am not going away, so they can forget it.
If the VA can manage to take almost a year to do a claim like mine I pity the poor vet who is trying to get TDIU because he can't work. I did write my congressman, and that may have got them off their AZZ'es to do something. I don't normally interact with congress critters about VA matters. However, when the VA manages to screw up such a simple claim I just get mad because my claim was gathering dust, and would have continued to gather dust. I don't contact congress critters because it usually does not help. Maybe this time it did help.
The VA person said the C&P exam may want me to file out a disability questionnaire. I have never done that before. It has been about 5 years since I have had a C&P exam. The last exam took about ten minutes. Is there something new I need to know about?
John
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