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Large Asbestos Lawsuit Won Friday
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
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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.
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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.-
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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”-
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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
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http://seattletimes.nwsource.com/html/heal...sbestos22m.html
Friday this story broke-
The asbestos vet I have has also become part of a lawsuit- dont know how that is going-
there are numerous lawsuits involving asbestos against the manufacturers.
I think any vet with an asbestos claim should get in touch with any of the lawyers who have filed suit against these companys. Particularily if they have mesothelioma-they should definitely look into these lawsuits.
The above class action award of billions took 5 years-I have kept up with it but found out yesterday that it had been won late last week.
The average payment is about $140,000-150,000---not much but still -if any of these guys are veterans exposed to asbestos in the Navy- they could still have the VA farting around with their asbestos claim in those five years-possibly receiving comparable retro but maybe not-
This vet got a non-compensatable rating for mesothelioma and due to VCAA violation he is in Remand-probably after 3-4 years already
http://www.va.gov/vetapp06/files3/0611343.txt
This vet has excellent evidence and even the VA doc opinion was supportive- his case is on Remand due to partial VCAA violation and who knows how many years this claim will take- I hope he got into a private class action asbestos lawsuit by now.
http://www.va.gov/vetapp04/files2/0413439.txt looks like a "fishing expedition" claim if anyone remembers those VA days--
Since the original AO lawsuit was against Dow etc and many of you were in the lawsuit-I see no reason why a veteran exposed to asbestos in service cannot become part of any class action suit if they can find out who manufactured the asbestos they were exposed to in the military.
These are attorneys who have filed suit on behalf of Navy veterans with mesothelioma:
http://www.mesotheliomahelp.net/navy-marit...s-asbestos.html
These are some Navy ships full of asbestos:
http://www.mesotheliomahelp.net/navy-marit...s-asbestos.html
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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