Okay, so this is going to be hard to believe for anyone reading this, and it's fine if you don't because it happened to me and I'm still having hard time believing it.
Back in 2014 I got into an argument with a VA dermatology doctor about putting me on Accutaine/ Isotretinoin for Cystic Acne. I showed her that I hadn't finished the treatment as a civilian due to entering the service and the same thing happened upon getting out, but she wouldn't put me on it and claimed no sane doctor would. I went to a civilian dermatologist and she recommended I be put on the treatment on the first visit. Furthermore, the civilian doctor said I would be a "perfect candidate" for the treatment. I brought this back to the VA dermatologist and she was furious. She stuck to her decision, and brought in a fellow dermatologist to back her up, and man she brought in identified himself as a dermatologist and backed her up and that was about it for that situation...
Almost two years later, this past March 7th, I had an appointment for a GERD disability claim, and a lower back pain disability claim. The examiner was none other then the dermatologist my psycho dermatologist doctor brought in to back her up. It took me a while to remember where I had seen him before, but halfway through the exam it hit me. However, he didn't recognize me. He also didn't seem to know anything about the human body because when I tried to explain to him that a bad knee day equals a bad lower back day he tried to tell me this did not matter. This was quite shocking and disturbing to hear because my chiropractor has told me that the two issues are connected, and so did my knee surgeon. Then last week I went to pick-up a buddy of mine at the ER due to a really bad sinus infection, and when I went to the front desk to get my friend I see the same guy who was my C&P examiner and who supposedly was a dermatologist treating patients in the ER!! What the hell is going on here? Is this dude even a doctor at all? Has anyone experienced such a thing?
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.
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Crossfit702
Okay, so this is going to be hard to believe for anyone reading this, and it's fine if you don't because it happened to me and I'm still having hard time believing it.
Back in 2014 I got into an argument with a VA dermatology doctor about putting me on Accutaine/ Isotretinoin for Cystic Acne. I showed her that I hadn't finished the treatment as a civilian due to entering the service and the same thing happened upon getting out, but she wouldn't put me on it and claimed no sane doctor would. I went to a civilian dermatologist and she recommended I be put on the treatment on the first visit. Furthermore, the civilian doctor said I would be a "perfect candidate" for the treatment. I brought this back to the VA dermatologist and she was furious. She stuck to her decision, and brought in a fellow dermatologist to back her up, and man she brought in identified himself as a dermatologist and backed her up and that was about it for that situation...
Almost two years later, this past March 7th, I had an appointment for a GERD disability claim, and a lower back pain disability claim. The examiner was none other then the dermatologist my psycho dermatologist doctor brought in to back her up. It took me a while to remember where I had seen him before, but halfway through the exam it hit me. However, he didn't recognize me. He also didn't seem to know anything about the human body because when I tried to explain to him that a bad knee day equals a bad lower back day he tried to tell me this did not matter. This was quite shocking and disturbing to hear because my chiropractor has told me that the two issues are connected, and so did my knee surgeon. Then last week I went to pick-up a buddy of mine at the ER due to a really bad sinus infection, and when I went to the front desk to get my friend I see the same guy who was my C&P examiner and who supposedly was a dermatologist treating patients in the ER!! What the hell is going on here? Is this dude even a doctor at all? Has anyone experienced such a thing?
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TALON II FE
This is common in the VA and Active Duty Clinics, maybe system-wide in the country now, even elsewhere? My PA was called/called herself "Doctor" for over a year. A few months ago, they started calli
pwrslm
You can get the persons name that treated you. Then, on the VHA website ( http://www.va.gov/health/ ), look up the location that you were treated at. Once there, go to the section "health care provid
flores97
Crossfit702, you can always challenge the c&p exam and the competency of the examiner. Google "junk science invades va like ants at a picnic), i believe the article is located on the Attig law blo
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