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Lawyers At The Va Level
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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
yellowrose, -
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Question
Guest fla_viking
Dear Fellow Veterans & Friends
Most of the VA misconduct and claims fraud is filtered through BVA before it can ever get to the courts or pubic from ever catching on whats really going on at the RO's across this naton. Further more premature denials have been a claims killer since I read about it in the congressional record in 1977 during a congressional investigaon. The VA loves to send a vet up on appeal without medical examinatons, obtaining SMR or VA medical reports, This premature denial tactic keeps the vet from obtaining the medical opnioins to support there claim. Now the vet spends years on appeal and the out come is a court ruling the vet has no medical evidence to support a claim or a remand for further development.
IF the RO do tha abusive crap to lawyers. There will be a public record of it and those laywers will be abel to articulate what the abuse is and how it violates the law. No lawyer is going to let hte VA premature deny there clients claim. Therefore the VA can no longer on the vet to sabatoge there own claim by going forward before the VA lets them develop it. Now the VA is going to have to rule with complete cases before them and find differnt ways to deny.
This also puts the VA in a bad situatoin with vets having lawyers at there level. They hate paying the vets lawyer more then they hate paying the vet. If they grant the claim immeaditly the lawyers starve. If the continue on with there delay tactics of 6 to 10 years. The enrich the very people they are fighting against.
Terry Higgins
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