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
Andyman73
I finally did it. I asked my MH doc if he thought I had enough basis for a claim. He has me currently DXd with MDD. He told me that while I do have MDD, he's not so sure I could be successful with that as a claim for SCD. He asked me if I was 100%, I said no, but I am 80%. And he asked, then, if I was being paid at 100%. Said no, and he hmmmmm'd.
Then I asked if chronic pain made any difference. He said all depends. I told him that I fell down a flight of stairs during my 5th day of boot camp back in November of '92. Said I've been dealing with pain in my knees and lower back ever since that day. And have developed other issues that cause more pain as well. He asked if I have fibromyalgia, said no, not that I'm aware of. Said most of my pain is in various joints...with only some of the pain in muscle groups only. And that I've been dealing with radiculopathy for some time now, as well.
Then his whole countenance changed, I could see his brain working. Told me that chronic pain plays a huge part in causing depression. I mentioned faulty memory, sleep issues, chronic sinusitis and IBS also. He said all those things for sure can and will and do cause depression. He said I can't say if you'll get enough to get bumped to 100%, but I certainly do have enough for a good solid claim for depression secondary to chronic pain.
What should I submit for evidence? Should I submit copies of every STR entry showing where I mention any pain and was prescribed something for the pain? And every entry where I mention sleep issues, or drinking, or repeated bouts of IBS and sinusitis/URIs?
I only filed it this past Friday, so I do have a few weeks to get this together and send it off. Any and all suggestions are welcome, thank you in advance.
Semper Fi.
Andyman
Link to comment
Share on other sites
Top Posters For This Question
14
7
5
5
Popular Days
Nov 24
10
Nov 25
9
Jan 14
5
Oct 13
4
Top Posters For This Question
Andyman73 14 posts
Vync 7 posts
Buck52 5 posts
flores97 5 posts
Popular Days
Nov 24 2015
10 posts
Nov 25 2015
9 posts
Jan 14 2016
5 posts
Oct 13 2015
4 posts
Popular Posts
john999
You cannot depend on a VA doctor to help SC your chronic pain and your depression. Most real psychiatrists would have no trouble making the connection. There was a window when the VA doctors were w
broncovet
Andyman I thought I would weigh in on my experience. I dont know how it happened, but I have a very Veteran friendly doc. VA employees, including doctors, have a wide variety of degrees in which
Vync
Andy, Perhaps you should take a look at the rating criteria for MH problems. Because the VA rates on impact on your life, not on the number or name of the diagnosis, it can help. I listed the regular
39 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