Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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.
Rating Issues
Continue Reading on HadIt.com-
- 0 replies
Picked By
Tbird, -
-
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.-
- 4 replies
Picked By
RichardZ, -
-
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”-
- 0 replies
Picked By
Tbird, -
-
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, -
-
Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
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.Picked By
Lemuel, -
-
Question
Mike_S
Background
Vietnam 1968 - 1969
Huey Crewchief
Because it is relevant
B.S. in Physics (never totally completed Masters program)
enough credit hours in Math and Computer Science just because it was needed for the Masters
Thank you VA benefits
******
Quadruple heart bybass in 2006 on pump (heart lung machine) eight hours+ for surgery.
There is normally some cognitive impairment for a few months and even years but sometimes not.
There was no cardiac rehab after surgery, the VA did not have it available. I knew it was important for a good recovery and tried to get it on my own. The local hospital required a prescription for cardiac rehab… so out of pocket that was over $1000. The closest hospital wanted $200 per session 3 days a week for three months. I couldn't afford it. I did not improve very much.
The VA would do nuclear stress tests every 2 years which is a good thing to check progress. I look at that stress test as a challenge and have succeded each time because I joined a gym and "studied for the test". I hate the gym but I always go and work out.
Just two or three years ago I would have qualified for some percentage of disability, but now, the left ventrical is a normal size and ejection fraction is normal too. METS are 10 or more so 0% or maybe 10% for disability. I hope that keeps the door open for secondaries.
I need to SC the cognitive issues from the cardiac surgery Post perfusion syndrome (pumphead) from being on pump for 8 hours during surgery.
All my life I have worked as a programmer and systems developer. For the last 15 years I have been self employed and most of that time writing code. Until I had my bybass surgery. Now I can't even calculate a tip for a meal.
How do I include this in my claim? The psychiatrist at the Agent Orange exam said the brain issue in the MRI (I paid for it on the outside) should only affect vision and I can fix my brain by exercising it with online programs like Lumosity. Bullshit!
This site is great, I made a donation within the first eight hours of my first visit because it is so organized and the members help with all of their experience in these issues. I have also been preparing my initial claim using the ebooks Chris Attig has created as well as his latest package to create that claim. There is a small cost but well worth the shortcut to understand and prepare for the system quickly.
Thank you Hadit and every one here.
Mike
Edited by Mike_SLink to comment
Share on other sites
Top Posters For This Question
4
4
1
1
Popular Days
Feb 5
7
Feb 13
2
Feb 6
1
Feb 9
1
Top Posters For This Question
Berta 4 posts
Mike_S 4 posts
Tbird 1 post
john999 1 post
Popular Days
Feb 5 2015
7 posts
Feb 13 2015
2 posts
Feb 6 2015
1 post
Feb 9 2015
1 post
11 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now