It's a long story and I'll spare you most of the details. Anyway, when I first filed my FDC claim, I did 13 DBQ's and the subsequent exams that go along with them to speed along the FDC. So, little happened at first for over 6 months as my claim was stuck in "Review". The original estimted completion dates for my claim went from 15 months to 31 months as of 12/10/2014? So, I filed a FOIA to enusre that all of my files were present and were digitised into the VBMS System.? But..this action appeared to birng my case to a screeching halt? After several FOIA status letters, I got a letter from the RO that I could come down and review my C-File? Well, when I got there...they were surpised that I showed up and said "no" at first to reviewing the file and then after I spoke up said, "not then" but a very nice VBA Rep helped me before I left and later on another call a few days later. I was told that VBA had to go out and find "all" of my records and that's the reason for the extra time? I argued that they already had "all" of my records beause I filed an FDC and further certifited earlier that all of my records were in their possession already as part of my FDC package. Also, I argued that with all of the extensive prep work that I did that it made no sense to double my claim completion dates and it should have actually cut them in half...and the VBA Rep agreed. Also, he notified me yesterday that I was being scheduled for at least four new ACE Exams for Tinnitus, Obstructive Sleep Apena, Gulf War Issues and one I could not remember? I already have SMRS' confirming all of this including a lot of audiology tests in the military. I was involved in a surprise explosion as a Tank Commander without hearing protection being on me. I would not have been wearing protection at that time anyway based upon the mission. But, it's interesting that they would do something like this Tinnitus Test over the phone anyway?
Because, I'm not familiar with these (ACE Exams) I am doing my research now to prepare, I'm not sure if it's either, good, bad or nuetral that we are doing ACE instrad of more C&P Exams? I know that the Hadit.com Forum has some information on the ACE Exams and I'm doing my reserach now. Consequently, my file does have very extensive SMR evidence (about 1500 pages) and the OSA was diagnosed in the Military and again by a very prominent Sleep Doctor in the civilian Sector who confirmed it. Frankly, I have not sleapt in the same room with my wife for many years because she says that my night time breathing really scares her? Frankly, that's my biggest motivator to get this claim done so I can get some help on the OSA...otherwise some OSA patients stroke out and have many other issues that I'm really worried about now.
Anyway, if anypone can shed some light on the ACE's and how they work, I would appreciate it..
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
rootbeer22
Folks:
It's a long story and I'll spare you most of the details. Anyway, when I first filed my FDC claim, I did 13 DBQ's and the subsequent exams that go along with them to speed along the FDC. So, little happened at first for over 6 months as my claim was stuck in "Review". The original estimted completion dates for my claim went from 15 months to 31 months as of 12/10/2014? So, I filed a FOIA to enusre that all of my files were present and were digitised into the VBMS System.? But..this action appeared to birng my case to a screeching halt? After several FOIA status letters, I got a letter from the RO that I could come down and review my C-File? Well, when I got there...they were surpised that I showed up and said "no" at first to reviewing the file and then after I spoke up said, "not then" but a very nice VBA Rep helped me before I left and later on another call a few days later. I was told that VBA had to go out and find "all" of my records and that's the reason for the extra time? I argued that they already had "all" of my records beause I filed an FDC and further certifited earlier that all of my records were in their possession already as part of my FDC package. Also, I argued that with all of the extensive prep work that I did that it made no sense to double my claim completion dates and it should have actually cut them in half...and the VBA Rep agreed. Also, he notified me yesterday that I was being scheduled for at least four new ACE Exams for Tinnitus, Obstructive Sleep Apena, Gulf War Issues and one I could not remember? I already have SMRS' confirming all of this including a lot of audiology tests in the military. I was involved in a surprise explosion as a Tank Commander without hearing protection being on me. I would not have been wearing protection at that time anyway based upon the mission. But, it's interesting that they would do something like this Tinnitus Test over the phone anyway?
Because, I'm not familiar with these (ACE Exams) I am doing my research now to prepare, I'm not sure if it's either, good, bad or nuetral that we are doing ACE instrad of more C&P Exams? I know that the Hadit.com Forum has some information on the ACE Exams and I'm doing my reserach now. Consequently, my file does have very extensive SMR evidence (about 1500 pages) and the OSA was diagnosed in the Military and again by a very prominent Sleep Doctor in the civilian Sector who confirmed it. Frankly, I have not sleapt in the same room with my wife for many years because she says that my night time breathing really scares her? Frankly, that's my biggest motivator to get this claim done so I can get some help on the OSA...otherwise some OSA patients stroke out and have many other issues that I'm really worried about now.
Anyway, if anypone can shed some light on the ACE's and how they work, I would appreciate it..
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georgiapapa
Buck52, I have told others for years that my tinnitus sounded more like crickets rather than just ringing in my ears. I am glad to know that someone else hears the same sound. I have used a white
Mont36
You had to have had an exam already in order for them to do an ACE. An Ace happens when an onsite provider(doctor) clarifies or another physician what the examiner said on the exam you had. This is no
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