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
Nklpltd
Hey Guys and Gals,
Thanks for giving me a bit of your time. I'm currently in the process of an IU upgrade claim with the VA.
A quick version of my back ground.
Iraq 05-06... I started having problems in late 07 with rumors of a redeployment. Suicide attempt in Nov 07. Notified my guard unit at our annual med screening and had my medical discharge started in 04/08. I initially went to VA for a mental health screening and it was a total disaster. I was thrown some pills and "sent on my way." I had an appointment it a mental health specialist that they wouldn't even let me see him without a lot convincing. Oh ya, and it was a 3 hour drive from my house to the VA office. I had a local retired CSM that helped me get some private therapy sessions paid for through the army one source. I fought for the next 5 years and 2 months to get my discharge completed. My unit and state dropped the ball in so many ways it's hard to even talk about it. I had to get the JAG, state IG and even state CSM to get my discharge packet back on track. During these 5 years, I only saw private doctors and therapists because I knew I wasn’t going to get the help I needed from the VA. Also going through private doctors and therapists, I knew that I would be able to get much better documentation.
I have not been able to work since mid 2008. My wife supported us for the first several years while we lived with her parents. For the next I was paid month using the INCAP program through the national guard. It’s an interim disability payment while you are going through the discharge process. My wife quit work in early 2011 to stay home with me full time because she was so afraid that I was going to hurt myself.
I was finally discharged in April 2013 with a 70% rating with the Army and also the VA. With the new system when you are discharged, they work with the VA so you have both ratings when you are done. My 70% rating is for Major depressive disorder, recurrent. I currently suffer from major depression, insomnia, anti-social behavior, anxiety problems, suicidal ideations and daily tension and stress headaches.
After my initial rating, I immediately disagreed with the decision and it was declined but they were also working off medical evidence from two years prior.
Right now I am under the care of two different doctors, one medical for my prescriptions and another with a PHD for my therapy. Both have been extremely helpful and I honestly feel I wouldn’t be here today without their help. The MD is a prior VA navy doctor and the other has a long history helping military members, current and prior. From day one, neither has felt that I am capable of holding gainful employment due to my condition. I also have current letters from both stating that strongly that i should not work as it would only aggravate and worsen my condition.
After my immediate rating disagreement, I put in for an official appeal with a De Novo review with a DSO at my regional office. After filing the initial paperwork for the De Novo review it was back to waiting as I was instructed not to send in any additional evidence until I was instructed by a letter in the mail.
Here is where I’m quite confused and upset. I received my letter in the mail in early April. It was dated, APRIL 7, 2014. In the first page of the letter it states I needed to reply with VA Form 21-8940 and my additional evidence within 30 days. 30 days, so that would mean by MAY 7, 2014.
On May 1, 2014 I mailed in the VA-Form 21-8940. I mailed priority, certified with return receipt. I made sure every single paper had my case number on it so they would never doubt what case the paperwork went with. It was signed for at my regional office on May 5, 2014.
Well yesterday I received a packet in the mail from the local regional office saying my De Novo review decision was to stay with the original 70%. This letter was dated May 7, 2014, and stated that they did not receive any response to their April 7 letter. So this means even though it was signed for at the Regional office, apparently no one attached my 21-8940 and additional evidence to my packet.
I am sitting here tonight no knowing what my next step should be. The entire packet I received yesterday was to start the next formal appeal to the BVA. What do you all suggest I do? Do you think there is any chance of getting another De Novo review since I can prove they jumped the gun and didn’t give me the full 30 days to get them my VA 21-8940 and additional evidence?
Up until this point I have done all the paperwork myself and have not got had a VSO rep. If the BVA is my only option, I’m not quite sure I even want to get a VSO rep for this.
What do you guys think?
Any thoughts or suggestions would be greatly appreciated.
Jake
Link to comment
Share on other sites
Top Posters For This Question
8
3
1
1
Popular Days
May 12
8
May 15
2
Jul 15
2
May 22
1
Top Posters For This Question
Nklpltd 8 posts
Berta 3 posts
john999 1 post
Philip Rogers 1 post
Popular Days
May 12 2014
8 posts
May 15 2014
2 posts
Jul 15 2014
2 posts
May 22 2014
1 post
13 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