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Vamc Keeping C & P Examiner Credentials Secret
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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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vaf
I learned something this morning, and thought I'd share it with everyone here.
I checked the State Board of Medical Examiners for the name of the "requesting physician" who recently conducted an orthopaedic C & P for a veteran I'm trying to help file a request for increase. I couldn't find the name there as an M.D., an N.P., a P.A., or anything else. A friend of mine then checked the national AMA website, and "Dr." Evans wasn't found there, either.
I then called the Patient Advocate's office at the VAMC where the C & P took place. The "Advocate" told me the following. No, this individual doesn't hold any medical licensing of any sort in this state. No, she won't tell me what his credentials are without his signed release. No, she won't tell me what state he IS credentialed in without his signed release. But, according to her, it's her job to make sure he is qualified to treat patients and perform C & P exams there, so I'll "just have to take her word for it."
I told her that I know for a fact several resident doctors I checked on were rotating there with expired state medical licenses, something she evidently was NOT aware of. I got this information from checking the state licensing website. I also told her that a veteran has the right to know the credentials of the "requesting physician" performing a C & P, and on anyone treating the veteran. If we knew what state this person was licensed in, we could check the appropraite website, the guy would be listed there and it's public information.
This really galls me. Who the hell is she advocating for, it sure isn't the veteran.
I told her that following this policy will invite challenges to C & P examinations, and that she is preventing access to public information.
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