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1 In 4 Veterans Of The War On Terror File Claims
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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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timetowinarace
http://www.gwu.edu/%7Ensarchiv/news/20061010/index.htm
VA Takes Nine Months to Locate Data on Disability Claims by Veterans of the Iraq and Afghanistan Wars
Report Indicates that 1 in 4 Veterans of the
Global War on Terrorism Claim Disabilities
For more information contact:
Meredith Fuchs/Catherine Nielsen - 202/994-7000
Washington DC, October 10, 2006 - One in four veterans of the Iraq and Afghanistan Wars are filing disability claims, according to records released by the U.S. Department of Veterans' Affairs (VA) under the Freedom of Information Act after nine months of denying their existence and posted today on the National Security Archive Web site.
The VA responded to the Archive's original January 2006 FOIA request for documents about the number of disability benefits claims filed by veterans from the current war in Iraq by claiming that no documents existed, apparently because the reports concern the Global War on Terrorism (GWOT) rather than being limited to the Iraq War. Notably, one of the reports indicates that GWOT is the "military name for the current wars in and around Afghanistan and Iraq." A similar report was released in December 2005 detailing Gulf War veterans' benefit activity. An updated copy of this report was released in March 2006.
Only after the Archive administratively appealed the VA's "no documents" claims and advised the VA that it was prepared to file a lawsuit did the agency manage to locate the records. One is a January 30, 2006, document: "Compensation and Pension Benefit Activity Among 464,144 Veterans Deployed to the Global War on Terror." It reports that more than 150,000 deployed Operation Enduring Freedom (Afghanistan) and Operation Iraqi Freedom (Iraq) veterans, out of more than 560,000 veterans of the Global War on Terrorism (GWOT), filed disability compensation and pension benefits claims with the Veterans Benefits Administration (VBA). The other is a July 20, 2006, document: "Compensation and Pension Benefit Activity Among Veterans of the Global War on Terrorism."
Veterans' groups have criticized the VA for using emergency appropriations to fund veterans' benefits rather than realistically planning and budgeting for the veterans' needs. According to Veterans for America, the newly released data suggests official estimates dramatically understate the future cost of the current Iraq and Afghanistan Wars. If the current trend continues, then VA could receive as many as 400,000 disability claims from the 1.6 million deployed active duty and reserve service members in the Global War on Terrorism. Jonathan Powers, Associate Director of Veterans for America and an Iraq War veteran, warned, "VA already has a backlog, and the claims process is only going to get worse unless VA takes action now. VA has no plan or funding to process and pay existing and future claims to ensure our veterans promptly receive the disability benefits and healthcare care they earned."
In its most recent FOIA Annual Report, the VA purported to process 1.9 million FOIA requests during FY 2005, with a median processing time of 11 days. Meredith Fuchs, the Archive's General Counsel, expressed dismay at how the FOIA request was handled: "For the agency to take nine months to 'find' information that is of clear current public interest in the context of the ongoing Global War on Terrorism is astounding. It is one thing for VA to be reluctant to deliver bad news, but another thing entirely to deny the existence of the information."
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