A year ago I had discovered incorrect dates on my ratings. I went to my dav so with copies of my ratings. He looked on computer it showed my paper records destroyed and incorrect dates down for my ratings of tdiu. 2007 instead of 1995. He advised me to wait until this yr when I had 20 yrs on my rating of tdiu to get it corrected. When I went in jan to see him he told me my records were being scanned onto disc and not to rock the boat as I might get my tdiu taken away. I said wait, I thought my paper records were destroyed over a year ago what is being scanned? Anyway he told me my 70% rating was correct witch was 1993 effective date. But my IU rating was 2007 instead of 1995 which it should be. He also said it showed me being paid at the 100% rate from 1998 instead of 1995. Wanted to know if I had bank statements back to 95 showing deposits which of course I don't. He also said the 2007 date showed something like General Individual Unemployability. I called a dav nso at st Louis, he advised to wait until scanning was done in about a month so all info was there for him to look at.
I have copies of all my ratings, a old champva card of my wifes showing effective date of 1996 and my commissary px card. I thought I would be able to relax after 20 yrs with no worries on being reduced, now my anxiety has worsened over this.
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
11bravo
A year ago I had discovered incorrect dates on my ratings. I went to my dav so with copies of my ratings. He looked on computer it showed my paper records destroyed and incorrect dates down for my ratings of tdiu. 2007 instead of 1995. He advised me to wait until this yr when I had 20 yrs on my rating of tdiu to get it corrected. When I went in jan to see him he told me my records were being scanned onto disc and not to rock the boat as I might get my tdiu taken away. I said wait, I thought my paper records were destroyed over a year ago what is being scanned? Anyway he told me my 70% rating was correct witch was 1993 effective date. But my IU rating was 2007 instead of 1995 which it should be. He also said it showed me being paid at the 100% rate from 1998 instead of 1995. Wanted to know if I had bank statements back to 95 showing deposits which of course I don't. He also said the 2007 date showed something like General Individual Unemployability. I called a dav nso at st Louis, he advised to wait until scanning was done in about a month so all info was there for him to look at.
I have copies of all my ratings, a old champva card of my wifes showing effective date of 1996 and my commissary px card. I thought I would be able to relax after 20 yrs with no worries on being reduced, now my anxiety has worsened over this.
I need adivice on what to do.
Thanks
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lotzaspotz
That's why I have two five drawer file cabinets with anything related to VA claims starting in 1993 when my husband medically retired. I have everything -- this may be useful information to everyone
john999
I don't think you need to worry about a TDIU rating being taken away. The only way VA can reduce you if you are TDIU is if you go back to work full time at above the poverty level. After five years, o
lotzaspotz
Has anyone specifically stated to you that the ChampVA card and commissary card are not evidence of an earlier effective date, or are you assuming this on your own? I would sure press that issue base
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