Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
Don't expect a quick turn around...
Rate this question
-
Tell a friend
-
Recent Achievements
-
Our picks
-
2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
Picked By
Tbird, -
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-
- 1 review
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 reviews
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, -
-
Question
TALON II FE
...now that the VA reached "an all time low" and settled all our back claims, lol. I am on a hardship, both OIF and OEF wartime vet, retired for medical reasons (post 20 yrs), went bankrupt, etc., etc. and this is my initial claim filed within 2 weeks of retirement. My claim went over a year last month and I am unable to work. My initial completion date was supposed to be February 15 and, at the time, I didn't see how we could survive financially until then. Since I had to go bankrupt, I guess we didn't, right?...But that's partially bc February 15 became April 15, then April 15 became July-August 15, which in turn became September 15, and THEN sometime Spring to early Summer 16 (this was when I was last on here, I just didn't want to spew negativity at everyone) and then the completion date on ebennies became what you see below:
Status of Your Claim
Review of Evidence
Also, I had been in Prep for Decision for around 4 months before it started bouncing backward again.
To add to this, check out my IRIS Response I received about 2 weeks ago (notice the 3+ MONTH turn around!):
This is in response to your inquiry to the Department of Veterans Affairs (VA) dated June 24, 2015.
Your inquired about the status of your claim and would like to note hardship as well as the submission of your proof of bankruptcy.
We have noted in your claim that you have claimed financial hardship and your proof bankruptcy has been included in your file. (NOTED...not the action verb I was looking for, jackasses)
Your claim is currently pending the receipt of a requested medical opinion. Following the receipt of said medical opinion we will make a decision on your claim and notify you promptly. (THIS didn't happen until less then a week before they sent this. They want ANOTHER OPINION from one of 'THEIR VA' Docs to counter something that was stated by the IHS Doc they contracted and sent me to. If they contract them, they are VA Docs, right? At least from the perspective of the validity of their opinions and ability to administer C & P's, otherwise why send anyone there?)
In regards to your question inquiring your status with regards to CFR 4.28 Prestabilization rating from date of discharge from service:
Department of Veterans Affairs examination is not required prior to assignment of prestabilization ratings; however, the fact that examination was accomplished will not preclude assignment of these benefits. Prestabilization ratings are for assignment in the immediate postdischarge period. They will continue for a 12-month period following discharge from service. However, prestabilization ratings may be changed to a regular schedular total rating or one authorizing a greater benefit at any time. In each prestabilization rating an examination will be requested to be accomplished not earlier than 6 months nor more than 12 months following discharge. In those prestabilization ratings in which following examination reduction in evaluation is found to be warranted, the higher evaluation will be continued to the end of the 12th month following discharge or to the end of the period provided under §3.105(e) of this chapter, whichever is later. Special monthly compensation should be assigned concurrently in these cases whenever records are adequate to establish entitlement.
Please understand that Prestabilization claims must be filed prior to discharge to be considered eligible for this benefit. (I cannot find this requirement anywhere, and neither could anyone else including the VA flunkies who deferred the question over and over again. Would have been good to know pre-separation. Notice it says nothing of the kind in the Regulation, even though he quotes it. IMHO, they just don't award this benefit, like others that they don't honor. This one was designed to get you thru till a final rating was established, therefore, they would be forced to pay all of us with active medical conditions as we were getting out at possibly a higher rate until they came to a determination. It's much easier to just not pay, I suppose.)
We apologize once again for the length of time it is taking to make a decision on your claim; however, we are currently experiencing a backlog of claims. The decsion phase can sometimes be a lengthy process because we want to make sure every claim has a thorough review, as well as a fair and accurate decision. (Well, F*** you, too! See, 'I'm learning VA speak!)
Thank you for contacting us. If you have questions or need additional help with information in our reply, please respond to this message or see our other contact information below.
Sincerely yours,
RO Director
VA Regional Office
21/273/jsm
WTF can I do short of a terrorist activity to get them to do something?
Top Posters For This Question
11
9
8
2
Popular Days
Oct 16
11
Oct 13
6
Oct 17
6
Oct 14
4
Top Posters For This Question
TALON II FE 11 posts
pwrslm 9 posts
Andyman73 8 posts
USAF-Vet 2 posts
Popular Days
Oct 16 2015
11 posts
Oct 13 2015
6 posts
Oct 17 2015
6 posts
Oct 14 2015
4 posts
Popular Posts
Andyman73
Talon, I feel ya, brother. You can plan for any and all contingencies, but life will throw something at you that no one could have seen coming. And here you are, feeling a bit like Job, but still br
TALON II FE
I have been avoiding this route. If said it before, but I may need to go this route. I have letters from relatives prepared for all the local Congressmen, Reps and Senators. I have not sent them in
USAF-Vet
Since you have letters to your representatives ready to go, what are you waiting for? I have been fighting with my VARO (Oakland....yeah I know) since they closed my claim 3/15 for "no documentation"
30 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