This is my first post in the forum. I got out the service in 2006. I put in the anxiety claims in 2012; first the claim was denied and I appealed finally got 50%. After 50%, I disagreed so I appealed again for anxiety disorder in the past 2 years after VA granted with 50% in 2012. After 2 years waiting, I finally got the Cp exam a month ago for the appeal in 2012 . In 2014, I put in an claim for Iu and I know my criteria does not fit for Iu (50%); but Vocational rehab at VA stated the I'm currently not stable for school that why I put in the IU claim. I only have one job lasted for 6 months since 2006. I have a couple questions regarding the two claim indicated above.
I went to the QTC exam last month, the Doctor agreed that my disability should be at 70% and she specifically told me to put in the IU claim after the increase. But I did put it in already so should this be a problem. Once again, the doctor told me straight up to file for IU.
1. My question is if I'm going to get 70% then retro should be back since day one when the 50% was granted?
2. If IU claim is approved then when is the pay started, 2012 or 2014?
3. Ebenefit for Appeal claim in the past 2 years show no status or changing at all ; but last week it showed that "Statement of the case" sent, is that closed?
4. Ebenefit for IU claim show last week the status was changing back and forth between "preparation for notification" and now back to "pending decision approval" why is this happening?
5. I've called VA in the couple times last week, reps always tell me different answers. First is my appeal is done, and my Iu is pending, but now they said that both cases are done SOC sent the same time. Why the answer different?
6. If the cases done then why the generator is still showing the same status even though the SOC sent last week?
7. If my IU is denied, should I put in and appeal or reconsideration? Should I go back to the QTC doctor and ask for a statement to support the IU if it deny.
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
Bahchu
Hello all,
Edited by BahchuThis is my first post in the forum. I got out the service in 2006. I put in the anxiety claims in 2012; first the claim was denied and I appealed finally got 50%. After 50%, I disagreed so I appealed again for anxiety disorder in the past 2 years after VA granted with 50% in 2012. After 2 years waiting, I finally got the Cp exam a month ago for the appeal in 2012 . In 2014, I put in an claim for Iu and I know my criteria does not fit for Iu (50%); but Vocational rehab at VA stated the I'm currently not stable for school that why I put in the IU claim. I only have one job lasted for 6 months since 2006. I have a couple questions regarding the two claim indicated above.
I went to the QTC exam last month, the Doctor agreed that my disability should be at 70% and she specifically told me to put in the IU claim after the increase. But I did put it in already so should this be a problem. Once again, the doctor told me straight up to file for IU.
1. My question is if I'm going to get 70% then retro should be back since day one when the 50% was granted?
2. If IU claim is approved then when is the pay started, 2012 or 2014?
3. Ebenefit for Appeal claim in the past 2 years show no status or changing at all ; but last week it showed that "Statement of the case" sent, is that closed?
4. Ebenefit for IU claim show last week the status was changing back and forth between "preparation for notification" and now back to "pending decision approval" why is this happening?
5. I've called VA in the couple times last week, reps always tell me different answers. First is my appeal is done, and my Iu is pending, but now they said that both cases are done SOC sent the same time. Why the answer different?
6. If the cases done then why the generator is still showing the same status even though the SOC sent last week?
7. If my IU is denied, should I put in and appeal or reconsideration? Should I go back to the QTC doctor and ask for a statement to support the IU if it deny.
Thank you in advance for all the help.
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