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Nightmare C N P Exam Today Need Help
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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
jusus27360
I had my exam today an it was horrible. I have avasical necrosis in left shoulder which is very painful. Doing the exam she told me to lift my arm which as much as I could, she then stated.that she had to move my arm an she force my arm above my head. I scream in pain an started crying an she said "im so sorry i didnt mean to do that" wtf! She apologized several times stating that she didnt mean to do that. She then question me about a workers comp injury to my righr knee an asked.me if I had gotten compensated I told her yes an she said im going to report this an you will have money taken back I said wrf! My right knee was injured in the military an this workers comp was 20 yrs later an has nothing to do with my sc condition with my right knee. Please tell me what actions I can take. Ive been in so much pain since the exam both physically an mentally. Thanks for any input.
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lotzaspotz
I would seek immediate treatment in the ER at the VAMC for the damage and additional pain this exam caused you. Get a paper trail going and do it now. Anyone, is this 1151 eligible if there is disce
Carl the Engineer
This is why I never tell the VA anything except what I want them to know. I have to hand feed them the medical evidence for my SC'd ailments as it is, why would I help the prosecution, i.e., me being
georgiapapa
Go to benefits.va.gov and type in "Title 38 U.S.C. 1151 claims." This will give you the info on what is required for 1151 claim and how to apply. As Lotzaspotz indicated, if you have discernible da
39 answers to this question
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