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Bladder Cancer, Hyperthyroidism, Parkinson Disease or Symptoms Associated to Agent Orange but IOM downgrades Spina Bifida
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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.
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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.-
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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”-
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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
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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
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Question
Jumpmaster
Review the Health Effects in Vietnam Veterans of Exposure to Herbicides—Tenth Biennial Update –
The Agent Orange Act of 1991, extended by Public Law 107-103, direct the Secretary of Veterans Affairs to contract with the NAS to conduct a comprehensive review of scientific and medical literature on health effects from exposure to Agent Orange, and to conduct biennial updates. The statute directs each new NAS committee to determine, to the extent that scientific data permit, meaningful determinations: See more at:
http://nationalacademies.org/hmd/Activities/Veterans/HealthEffectsVietnamVeteransHerbicides.aspx
Download the PDFs: It may help veterans diagnosed with presumptive Bladder Cancer, Hyperthyroidism and Parkinson Disease or Parkinsonism (Parkinson-like-Symptoms) denied SC years earlier for association with Agent Orange. Especially, for numerous veterans that served Outside of Vietnam and denied disability based on inadequate herbicide associated Agent Orange direct exposure evidence. Don’t forget that the VA and DOD withholds the essential medical or scientific facts, from veterans that proves your Outside of Vietnam herbicide exposure. It’s up to everyone to dig up the hidden exposure facts that prove your own herbicide exposure during service. Keep fighting for SC and never, ever, give up, and Whenever, the VA denies your claim. Relax, Breathe, then lock and load, aim accurately at your herbicide exposure target, breathe again, and rapid fire away down the VA RANGE --with armor-piercing VA NOD and Appeals evidence that results in service connection.
http://www.nap.edu/download.php?record_id=21845#
Additional major findings in the 1,000-plus page report, released March 10, 2016, included Parkinsonism and Parkinson’s-like symptoms and spina bifida.
IOM announced bladder cancer and hypothyroidism were upgraded to “limited or suggestive evidence” of a link between the diseases and exposure to Agent Orange. This was a change from the Update 2012 category of “inadequate or insufficient.”
IOM also added “Parkinsonism” and “Parkinson’s-like symptoms” to the list for “limited or suggestive evidence” of an association. In the report, the IOM Committee noted that, “…there is no rational basis for an exclusion of those with Parkinson-like symptoms from the service-related category denoted as Parkinson disease. To exclude a claim for a condition with Parkinson-like symptoms, the onus should be on VA on a case-by-case basis to definitively establish the role of a recognized etiologic factor other than the herbicides sprayed in Vietnam.” Parkinson’s disease was added to the Department of Veterans Affairs’ presumptive service connection list on August 31, 2010.
In a rare move, the IOM downgraded spina bifida to “inadequate or insufficient evidence to determine an association.” The birth defect has been in the “limited or suggestive” category of association for children of all Vietnam Veterans since Update 1996.
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