Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
.thumb.png.0b66d11060c658bf7aa45efe4372d3e7.png)
- 0
Announcements
-
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 rating
Picked 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
Not sure what to say, I called the benefits counselor at my local VAMC. I told him that I had some claims that were closed on January 23rd, according to my ebenefits account. I said today is February 23rd, and I still haven't received a decision letter explaining why my claims were denied.
Now, I emailed Mr. McDonald on Jan 22nd with questions about 2 of the claims that were denied with out exams, even though I submitted evidence from my SMR. Guess what, no reply from him or his office.
I sent an inquiry via IRIS regarding same and lack of decision letter. That was on Feb 2nd. Only response was the automated 5 business days to reply response. I sent a complaint via IRIS on Feb. 16th in regards to no decision letter being received, tho my ebenefits account states decision letter sent.
I explained to benefits counselor that I called Peggy several times on several different days, and could not get through each time. I told him that I contacted the VA via the IRIS and hadn't heard anything there either. So he looked me up and saw that a claim filed in August of 15 was closed/denied on January 23rd, 16. I said yes, and I haven't received my decision letter. He said he will get it out in today's mail.
Will be mentioning all this to my VA MH therapist when I see him again on the 29th of this month.
Link to comment
Share on other sites
Top Posters For This Question
8
4
4
3
Popular Days
Feb 26
11
Feb 25
7
Feb 23
6
Feb 24
2
Top Posters For This Question
brokensoldier244th 8 posts
Andyman73 4 posts
TALON II FE 4 posts
broncovet 3 posts
Popular Days
Feb 26 2016
11 posts
Feb 25 2016
7 posts
Feb 23 2016
6 posts
Feb 24 2016
2 posts
Popular Posts
ADodge
This is so true. I had to request a copy of my decision letter twice after I was continually told it was sent. I knew the claims had been denied. Well that's what I thought. So I finally get the le
broncovet
Its a "new" plan to save VA money and reduce the backlog. Instead of actually sending a decsion letter as required by 38 CFR 3.103, the VA marks your claim as "ignore" instead. When the Vet calls, g
broncovet
Im not joking about VA "closing" claims without a decision. Its happened to me at least twice. Somebody in VA just "drops" the claim and makes it look like a backlog reduction. No decision. Here i
25 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