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Ig On Tomah And Stroke Victim Case
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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
Berta
This stuff upsets me:
In Part
"WASHINGTON – An investigation by the chief watchdog at the Department of Veterans Affairs found practitioners acted appropriately when treating a 74-year-old veteran who died after treatment at the VA Medical Center in Tomah, Wis.
The inspector general concluded a doctor failed to diagnose Thomas Patrick Baer's stroke as he waited to be seen in the urgent care clinic at the medical center, "however, the physician properly considered broad diagnostic possibilities," the IG report says.
His family took Baer, who was from Marshfield, to the clinic Jan. 12 and waited with him for more than two hours to be seen by a doctor. He suffered two strokes and was not given anti-clotting medication or a CT scan because the center's scanner was down"
http://www.stevenspointjournal.com/story/news/2015/06/18/tomah-probe-finds-wrongdoing-stroke-death/28918761/
(they told me their Ct scan was 'broke' when I started asking them too many questions after my husband had been at local VA for almost 3 weeks due to what they said was an ear problem) but when I threatened to call my congressman, the CT scan was miraculously 'fixed' in 20 minutes revealing they had misdiagnosed a major stroke.)
The IG White Paper , 55 pages, can out today and I dont have time to read it all.....
ANYONE who feels they have been a victim of VA malpractice or whose survivors think VA caused their spouses death, should not reply on any IG investigation because
that is not the same as a FTCA claim and they need an Independent medical review of the entire clinical record,by an expert, and not a review from a VA doctor , as in this above story.
Here is the VA press Release of the White Paper OIG statement on Tomah
http://www.va.gov/oig/pubs/press-releases/VAOIG-whitepaper-20150618TomahOPPI.pdf
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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Berta
This stuff upsets me: In Part "WASHINGTON – An investigation by the chief watchdog at the Department of Veterans Affairs found practitioners acted appropriately when treating a 74-year-old veteran
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