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
killemall
This post is in no way ment to discredit Dr. Bash. On the contrary my research shows he is quite amazing when it comes to helping us.
I contacted Dr. Bash via email. He responded and gave me a phone number and time to contact him.
I called him and was extremely impressed with his knowledge. I told him about the four claims I wished to pursue. He found angles that tied in other claims that I had never even thought of. We agreed that I would get on a plane and meet him later this month for four examinations.
The price was reasonable by my standards and what I expected.
Dr. Bash has asked me to send him 25% of the agreed amount via credit card up front and the rest upon meeting him later this month once examinations are completed.
My question is as follows...
For those whom have delt with Dr. Bash is this normal procedure?
I feel confident it is him after receiving his detailed emails and speaking with him on the phone. His knowledge was quite phenomenal.
Yet I disgress...Anyone can make their phone number and email appear as someone elses and imitate another. Ive had exgirlfriends who were quite good at this.
Before I send someone thousands of dollars off of just a phone conversation and emails...
Can anyone else verify if their experience with Dr. Bash was similar and this is indeed Dr. Bash's style?
With so many scams out there Im very afraid to send the money untill someone can help put my mind at ease.
Thank you for any help on this matter
Link to comment
Share on other sites
Top Posters For This Question
6
3
3
1
Popular Days
Jun 14
11
Jun 11
5
Jun 10
2
Jun 15
2
Top Posters For This Question
RUREADY 6 posts
jbasser 3 posts
killemall 3 posts
bluevet 1 post
Popular Days
Jun 14 2015
11 posts
Jun 11 2015
5 posts
Jun 10 2015
2 posts
Jun 15 2015
2 posts
Popular Posts
kate7772
Dr. Bash did an IMO for my husband's claim. It was extremely difficult to come up with the fee. This was for a Camp Lejeune water claim which is very difficult to win. VA is turning down way more th
Capt.Contaminate
Hello All,,,,, First , If you have to worry about Dr. Bash then we need to shut this thing down and everybody needs to quit doing VA claims. He is one of the finest Dr.'s you will find. He is tire
GLW
For some of us it is about the fight and for others it is about getting what we are due and moving on with our life.
20 answers to this question
Recommended Posts