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
Terranova1340
Guys, I have a question about a potential CUE. I will do my very best to explain my case, but I will also try to keep is as short as possible and I would like any and all input I can get. Basically I do not want to waste a bunch of time if I don't have any real arguement.
My Story-
I served in the USAF from 1984 through 1988. During the time I was active duty I hurt my back, my hip, and my left knee. I was seen in the ER at homestead Airforce base on two seperate occasions, in 1985 and again in 1987 I was given time off, prescribed Physical therapy ect. But my pain would never go away. At times it would become less severe, so that I could work but the pain was always there at tims so severe that I could not get up off my bedroom floor. They had me under go GU exams because they thought I was having intestine issues. The specialist who examined me determined that my pain was not GU related and wrote as much that it was clearly muscle skeletal. I saw a specialist for my back and he wrote that my pain was no longer acute but chronic.
Fast forward to 1988, I left the service and returned home to Toledo Ohio. At the urging of my wife I went to Brecksville for a Comp and Pen. I was denied when I was there. The examiner made a number of errors or at least errors to me and this is kind of where my saga with the VA begins. On the denial letter that I received ( I never got the rating decision packet until years later) the letter said "The evidence does not establish service connection for the following..." And went on to list the things I was there for, Low Back and Hip Pain, and Right Knee pain. Firstly I was there for my left knee, and they exaimined my left knee. But wrote about my right knee. Secondly I felt that I surely had a "service connection" for my injuries as I had a huge medical file to show for said injuries.
I was so disheartened with the letter that I never went back because I felt that if they didn't care enough to read my medical files or to write about the proper knee that I didn't trust that they could medically be competent to treat me. I pursued treatments in the civillian sector and ended up having 3 major back surgeries as well as having my knee scoped. It is the medical opinions of the Civillian Doctors that I have seen that my current condition can be directly attributed to a progression of the injuries I sustained in the Military.
I went back to the VA in 2009 at the urging of my kids and re-opened my case. At this time I was shown the "Rating Decision Packet" that the exaiminer used in 1988 to evaluate me. I found that the specalist that I saw while at the VA in 1988 wrote that he had done an "Impression" which showed a Lumbosacral stain and left trochantar bursitis. I work in the medical field and according to the professionals I know this would constitute a diagnosis. There however was no "Rating" applied to these as the VA's stance was my "injuries were not service connected" and that my pain was “acute and transitory, or not chronic”even though my service medical records indicate otherwise and specifically said so. However, in 2010 they awarded me a total of 30% for my injuries. Even though years earlier they had said my injuries were not service connected. I have been in the VA system since 2010 and I am now at a overal Rating of 70% for my injuries.
There are alot of other "errors" with my case but basically I am trying to figure out if based on the overal rough outline of what I have laid out here if I have a true basis for a CUE, or what if there is anything I can do to get retroactive pay. I was out of the Airforce for over 20 years and than they decide when I re-opened my case that my injuries were serviced connected. Therefore (and I know in the VA world this probably doesn't matter) but morally and ethically I feel they owe me 20 + years of retroactive pay. Additionally if there isn't anything I can really do I don't want to waste my time or my families time.
Also- I did have a representative from the DAV who felt that my issue was worthy of a CUE so he filed one and I am in the process of fighting the denial. I don't believe my DAV rep did the paper work correctly. So I did right a letter to my Representative Bob Latta as well as take all of my Military Medical Records and VA records to his office and outline all of the mistakes. His office told me to appeal the denial of my CUE but the more I read about my CUE the more I think the DAV rep didn't really do it right, and I feel that the VA has it structured in such a way that its almost impossible to successfully have them agree to the errors.
If it helps anyone in answering my question I have the letter I submitted to Bob Latta's office, where I outlined the more than 20 mistakes with the Original comp I just don't know that any of the errors is truly a CUE.
Link to comment
Share on other sites
Top Posters For This Question
3
2
1
1
Popular Days
Jul 20
8
Jul 21
2
Top Posters For This Question
Buck52 3 posts
Terranova1340 2 posts
Berta 1 post
Philip Rogers 1 post
Popular Days
Jul 20 2015
8 posts
Jul 21 2015
2 posts
Popular Posts
FormerMember
Try this one on for size. Too many of you feel the angst of an egregious error but invariably feel a CUE filing can leap tall buildings and right a wrong. Always remember, if you felt the decision was
9 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now