BEFORE YOU DO ANYTHING GET A COPY OF BOTH YOUR C-FILE AND YOUR SMR.
THEN, ASK YOURSELF A QUESTION,
ANY PROOF IT HAPPEND IN SERVICE?
ANY PROOF IT HAPPEND AFTER SERVICE BECAUSE OF SOMTHING?
THATS IT FOLKS.. FROM THERE IF YOU GET A DENIAL THEN IMMEDIATE APPLEAL FORM 9. DO NOT GO FOR A DRO DO NOT GO FOR ANYTHING ELSE BECAUSE AS LONG AS THE FILE IS IN APPEAL WITH THE FORM 9 THEN YOU HAVE A DOCKET #..... ITS THE MOST IMPORTANT THING.... THOUGH I WILL WARN YOU DEVELOP THE APPEAL IN THE RIGHT MANNER AS YOU GO. IF ITS WRONG THAN WITHDRAW BUT IF CORRECT THAN BRING IT BECAUSE IT CREATES MORE PRECEDENCE FOR OTHER APPEALS AND YOURS.. DO NOT !!!!! ASK A VSO TO DO ANY THING... ALL THEY WILL TELL YOU TO DO IS PROLONG THEY STATE AND CONFUSE YOU. ITS FINE TO GET A VSO AFTER YOU FILED THE FORM 9 BUT IMTELLING YOU TO FILE AS SOON AS YOU GET A DENIAL. FILE A FORM 9 OUT OF THE GATE SO THAT YOU ARE ON TRACK. THOSE THAT TELL YOU THAT YOU NEED TO WAIT FOR A SOC OR A SSOC ARE VERY WRONG. YOU CAN FILE TO GET A DOCKET NUMBER THAN KEEP TRACK OF YOUR APPEAL THROUGH THE 1800 NUMBER OR KEEP SENDING IN MAIL TO THE BVA THAT ASKS FOR AN APPEAL.. THIS IS FINE BY LAW AND A LOT OF OLDER VETERANS DONT WANT THIS TO BE TRUE. JUST PLEASE STOP USING THE VSO'S ALL THEY DO IS CREATE CHAOS WITH THE TIME FRAME OF APPEALS. IF YOU DONT BELEIVE ME GO FOR IT. YOUR THE ONLY ONE WHO WILL LOSE. IM HERE TO HELP. MESSAGE ME ANY TIME.
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”
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.
Question
paulcolrain
BEFORE YOU DO ANYTHING GET A COPY OF BOTH YOUR C-FILE AND YOUR SMR.
THEN, ASK YOURSELF A QUESTION,
ANY PROOF IT HAPPEND IN SERVICE?
ANY PROOF IT HAPPEND AFTER SERVICE BECAUSE OF SOMTHING?
THATS IT FOLKS.. FROM THERE IF YOU GET A DENIAL THEN IMMEDIATE APPLEAL FORM 9. DO NOT GO FOR A DRO DO NOT GO FOR ANYTHING ELSE BECAUSE AS LONG AS THE FILE IS IN APPEAL WITH THE FORM 9 THEN YOU HAVE A DOCKET #..... ITS THE MOST IMPORTANT THING.... THOUGH I WILL WARN YOU DEVELOP THE APPEAL IN THE RIGHT MANNER AS YOU GO. IF ITS WRONG THAN WITHDRAW BUT IF CORRECT THAN BRING IT BECAUSE IT CREATES MORE PRECEDENCE FOR OTHER APPEALS AND YOURS.. DO NOT !!!!! ASK A VSO TO DO ANY THING... ALL THEY WILL TELL YOU TO DO IS PROLONG THEY STATE AND CONFUSE YOU. ITS FINE TO GET A VSO AFTER YOU FILED THE FORM 9 BUT IMTELLING YOU TO FILE AS SOON AS YOU GET A DENIAL. FILE A FORM 9 OUT OF THE GATE SO THAT YOU ARE ON TRACK. THOSE THAT TELL YOU THAT YOU NEED TO WAIT FOR A SOC OR A SSOC ARE VERY WRONG. YOU CAN FILE TO GET A DOCKET NUMBER THAN KEEP TRACK OF YOUR APPEAL THROUGH THE 1800 NUMBER OR KEEP SENDING IN MAIL TO THE BVA THAT ASKS FOR AN APPEAL.. THIS IS FINE BY LAW AND A LOT OF OLDER VETERANS DONT WANT THIS TO BE TRUE. JUST PLEASE STOP USING THE VSO'S ALL THEY DO IS CREATE CHAOS WITH THE TIME FRAME OF APPEALS. IF YOU DONT BELEIVE ME GO FOR IT. YOUR THE ONLY ONE WHO WILL LOSE. IM HERE TO HELP. MESSAGE ME ANY TIME.
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paulcolrain
BEFORE YOU DO ANYTHING GET A COPY OF BOTH YOUR C-FILE AND YOUR SMR. THEN, ASK YOURSELF A QUESTION, ANY PROOF IT HAPPEND IN SERVICE? ANY PROOF IT HAPPEND AFTER SERVICE BECAUSE OF SOMTHING? THATS IT FO
lotzaspotz
I agree with everything Paul said. Others here may have had some success with the DRO process, but I'm not one of them. I tried it twice, both times resulting in a cut and paste denial that regurgit
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