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Medical Power Of Attorney
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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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Question
betrayed
The main purpose I recommend this is when you go for a C&P you can take your spouse in the room with you, if the examiner trys to tell you no spouse allowed tell them you have a Medical Power of Attorney on file at the VAMC and that your spouse needs to be in there with you.
Do google or yahoo search on line for Michigan (substitute your state) Medical Power of Attorney You can find them on the internet, copy and paste and fill in appropriate names. Print it, get the witness signatures. Take it to the medical records of at the VAMC and tell them you want it scanned into your record.
EXAMPLE
MICHIGAN DURABLE POWER OF ATTORNEY FOR HEALTH CARE
I, XXXXXX XXXXXXX, am of sound mind, and I voluntarily make this designation.
I designate XXXXXXXXXX, my spouse, living at XXXXXXX Rd, XXXX Michigan 48XXX as my patient advocate to make care, custody and medical treatment decisions for me in the event I become unable to participate in medical treatment decisions. If my first choice cannot service, I designate: XXXXXXXX (mother) living at XXXX Catalpa Dr, XXXXXX XXXXX XXXXX to serve as patient advocate.
The determination of when I am unable to participate in medical treatment decisions shall be made by my attending physician and another physician or licensed psychologist/psychiatrist .
In making decisions for me, my patient advocate shall follow my wishes of which he or she is aware, whether expressed orally, in a living will, or in this designation.
My patient advocate has authority to consent to or refuse treatment on my behalf, and to arrange medical services for me, including admission/discharge to a hospital or nursing care facility, and to pay for such services with my funds. My patient advocate shall have access to any medical records to which I have a right.
My specific wishes concerning health care are the following : NONE
I may change my mind at any time by communicating in any manner that this designation does not reflect my wishes.
It is my intent that my family, the medical facility, and any doctors, nurses and other medical personnel involved in my care shall have no civil or criminal liability for honoring my wishes as expressed in this designation or for implementing the decisions of my patient advocate.
Photostatic copies of this document, after it is signed and witnessed, shall have the same legal force as the original document.
I sign this document after careful consideration. I understand its meaning and I accept its consequences.
Signed this ______ day of _________________, 20_____.
__________________________________________
Signature of Person Making Declaration (Declarant)
XXXXXXXXXXXXXXXXXXXXXXXXX
(Type or Print Name of Declarant)
XXXXXXXXXXXXXXXXXX
Street Address
XXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX
City State Zip Code
NOTICE REGARDING WITNESSES
You must have two adult witnesses who will not receive your assets when you die (whether you die with or without a will), and who are not your spouse, child, grandchild, brother or sister, or an employee at the health care facility where you are a patient.
STATEMENT OF WITNESSES We sign below as witnesses. This declaration was signed in our presence. The declarant appears to be of sound mind, and to be making this designation voluntarily, without duress, fraud or undue influence.
_________________________________ ________________________________
Signature of 1st Witness Signature of 2nd Witness
_________________________________ ________________________________
(Type or Print Name of Witness) (Type or Print Name of Witness)
_________________________________ ________________________________
Street Address Street Address
_________________________________ ________________________________
City State Zip Code City State Zip Code
ACCEPTANCE BY PATIENT ADVOCATE
(A) This designation shall not become effective unless the patient is unable to participate in treatment decisions.
( A patient advocate shall not exercise powers concerning the patient’s care, custody and medical treatment that the patient, if the patient were able to participate in the decision, could not have exercised on his or her own behalf.
© This designation cannot be used to make a medical treatment decision to withhold or withdraw treatment from a patient who is pregnant that would result in the pregnant patient’s death.
(D) A patient advocate may make a decision to withhold or withdraw treatment, which would allow a patient to die, only if the patient has expressed in a clear and convincing manner that the patient advocate is authorized to make such a decision, and that the patient acknowledges that such a decision could or would allow the patient’s death.
(E) A patient advocate shall not receive compensation for the performance or his or her authority, rights, and responsibilities, but a patient advocate may be reimbursed for actual and necessary expenses incurred in the performance of his or her authority, rights, and responsibilities.
(F) A patient advocate shall act in accordance with the standards of care applicable to fiduciaries when acting for the patient and all act consistent with the patient’s best interest. The known desires of the patient expressed or evidenced while the patient is able to participate in medical treatment decisions are presumed to be in the patient’s best interests.
(G) A patient may revoke his or her designation at any time or in any manner sufficient to communicate an intent to revoke.
(H) A patient advocate may revoke his or her acceptance to the designation at any time and in any manner sufficient to communicate an intent to revoke.
(I) A patient admitted to a health facility or agency has the rights enumerated in Section 20201 of the Public Health Code, Act N. 368 of the Public Acts of 1978, being Section 333.20201 of the Michigan Compiled Laws.
I understand the above conditions, and I accept the designation as patient advocate for:
XXXXXXXXXXXXXXXXXXXXX
Signed this ______ day of _________________, 20_____.
__________________________________________
Signature of Patient Advocate
XXXXXXXXXXXXXXXXXXXXXXXXX
(Type or Print Name of Declarant)
XXXXXXXXXXXXXXXXXX
Street Address
XXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX
City State Zip
Betrayed
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LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!
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