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Acceptable Wait Time For Large Retroactive Pay?
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
From CCK-Law.com
VA Disability Payment Schedule for 2025
VA Disability Rates 2025- 2 replies
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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.- 4 replies
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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
mtkabbott
I was seeing if I could get some advice/insight as to what I should do about my problem.
I retired after 24 years in September 2013 with my final discharge date being October 31st 2013. Unfortunately I received some bad advice, in my opinion, and did not file my disability claim until in November 2013. It seemed to go on track for the next few months until it got hung up in a review status and stayed that way until November 2014. At that time they requested I get re-examined. They reason they gave me was because it had been over a year since I retired so there might be additional issues to be listed on the claim. After the additional paperwork was submitted everything went rather quickly and I received my notification in late January 2015 that I was being awarded 80% and received my first monthly check at the beginning of March. During March I also received a letter indicating that while my award level wasn’t going to change I was going to received additional compensation due to some of my disabilities. About the time I received that letter I also found out my audit from DFAS had been returned and I began to patiently wait for my retroactive pay. When I heard nothing by May I began to inquire as to its status. The only information I could find out was that it was still being reviewed. I also found out the DFAS audit for the additional compensation had also come back in April. It was only recently through Hadit’s forums did I find out that retroactive pays larger than $25,000 have to go higher up for additional signatures.
At what point do I go beyond waiting and start calling/writing people? And who do I contact? I saw somewhere the mention of VSCM (Veterans Service Center Manager. How do I find mine?
You would think it wouldn’t take that long to review it since they already send you documentation clearly identifying/calculating what all you should have been paid in the first place. The other ironic part is that if it hadn’t taken them so long in the first place to process my claim, I wouldn’t have had such a large retro pay and would have probably received it by now.
Thanks for any advice (and the opportunity to vent).
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Berta
Roanoke VARO Director Keith Wilson 540-597-1120 540-597-1785 (Fax) Keith.Wilson4@va.gov VSCM Dave Svirsky 540-597-1150 AVSCM William Barksdale 540-597-1151 Lyn Cahoon 540-597-1153 She
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