I want to now file for TBI as my first FDC was completed recently but still has some deferred contentions on the original claim that are still being processed. Will a new claim for TBI stop or slow down the movement on these contentions or a NOD if I file one? My strategy has been to try and get movement on the deferred claims first before I file for TBI but if it does not affect the timeline anyway...I figure I should just go ahead with the TBI Claim as originally planned? My guess, is that the TBI claim would just get rolled into my original claim anyway....
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
rootbeer22
Folks:
I want to now file for TBI as my first FDC was completed recently but still has some deferred contentions on the original claim that are still being processed. Will a new claim for TBI stop or slow down the movement on these contentions or a NOD if I file one? My strategy has been to try and get movement on the deferred claims first before I file for TBI but if it does not affect the timeline anyway...I figure I should just go ahead with the TBI Claim as originally planned? My guess, is that the TBI claim would just get rolled into my original claim anyway....
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