Hello, both pregnancies occurred on active duty and during both I had fibroid tumors. The tumors reduced in size and didn't pose a problem immediately post delivery but created problems later that was not correlated at the time with fibroids. Post separation, i submitted a claim for the fibroid tumors and it was denied in April 2014 because of lack of documentation. I did not submit an appeal due to a busy life with new job and family. Approximately nine months ago, Sept 2014, I started having symptoms of what I thought were early menopause (unpredictable and long menstrual periods, and with lots of pain). I didn't do anything about it for months, thinking it would settle down during the menopause process. Finally, I had enough, went to a GYN who did an ultrasound and explained that the fibroids were back. As a result of the discomfort and constant blood loss, I decided to have a hysterectomy. I am working on submitting both the fibroids and hysterectomy for VA disability and wanted to tap your expertise on what you think may happen. Thanks All!
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”
Question
Mustang86
Hello, both pregnancies occurred on active duty and during both I had fibroid tumors. The tumors reduced in size and didn't pose a problem immediately post delivery but created problems later that was not correlated at the time with fibroids. Post separation, i submitted a claim for the fibroid tumors and it was denied in April 2014 because of lack of documentation. I did not submit an appeal due to a busy life with new job and family. Approximately nine months ago, Sept 2014, I started having symptoms of what I thought were early menopause (unpredictable and long menstrual periods, and with lots of pain). I didn't do anything about it for months, thinking it would settle down during the menopause process. Finally, I had enough, went to a GYN who did an ultrasound and explained that the fibroids were back. As a result of the discomfort and constant blood loss, I decided to have a hysterectomy. I am working on submitting both the fibroids and hysterectomy for VA disability and wanted to tap your expertise on what you think may happen. Thanks All!
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Prettypantha
WOW!!! That was quick! Anyway, thank you for welcoming me, as well as, the feedback. I really appreciate the information from you Vync and will take my time and go through my STR with a fine-tooth com
Prettypantha
Hola! Tbird, yes indeed! Vync and yourself, have given me ammunition to "lock and load" my claims. The link that you provided, in reference to the BVA Appeals, has numerous cases of pertinent informat
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