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
Simply_me
My fiancee has been medically discharged from the Army services. We find out when he has heart surgery in a month. He finally filled for disability about two months ago. Everything went smoothly until he went to pick up the funds. He just found out his ex wife is trying to take his funds as child support. The problem is that she was pregnant shortly before their divorce. He was being stationed in another state and she refused to go with. He had to find out by mail that she was divorcing him. She's constantly harasses us. Text, phone calls, her friends you name it. She discovered my phone number and our friends and I have no idea how. At one point, when he went back to work part time she called his work.
Now, he can't work at all. He has a large amount of funds waiting for him. The divorce papers state that he is not responsible for the child, she made that point. She also made a point to call us continuously to demand money, insult him, and tell us that he will never see this child but he's going to pay for it. We think someone forged his signature on the birth certificate. He doesn't even know what hospital the child was born at. He was told today that she filed an apportionment but it was denied already. She keeps filing these. I have tried to research it but is there a point to where she can't file them anymore? He has his divorce papers on file. He has his residence listed as being a different state during the divorce and after. She wants him to have nothing to do with the child but wants money.
What can we do? We're at the point where he can't work but I can't afford to keep us afloat. We've been together for a little over a year now and she just won't stop. He admitted something to me a few months ago. During their relationship she was very abusive. If he argued she hit him or threw things at him sometimes resulting in stitches. He never reported it because well... Guys don't report this kind of thing. Female spousal abuse generally goes unreported.
A restraining order won't work because she's in a different state. About six months ago we turned off his phone because she wouldn't stop calling and reporting his phone as stolen. Somehow she got a hold of my number. Somehow she got a hold of my families numbers and some of our friends. We don't know what to do... Every time she calls she does nothing but scream insults at him. When he left his part time job we got a call from them stating that she wouldn't stop calling. And now? We're facing eviction and repossession because she won't stop filing...
I'm worried, in a month we find out when he will have his open heart surgery. It will take him three months to recover. In the meantime he can't take any medication. This is too much stress. He's a decorated Veteran. He pushed his body to do his job to the point of his heart breaking... And now this?
Link to comment
Share on other sites
Top Posters For This Question
5
3
2
1
Popular Days
May 13
6
May 14
3
May 20
2
May 18
1
Top Posters For This Question
Simply_me 5 posts
Berta 3 posts
Andyman73 2 posts
MCCFR97 1 post
Popular Days
May 13 2016
6 posts
May 14 2016
3 posts
May 20 2016
2 posts
May 18 2016
1 post
Popular Posts
Berta
to add: This BVA case holds the apportionment laws: http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files2/1608025.txt Child support laws are determined by each
Berta
“He has a large amount of funds waiting for him.” Do you mean his VA claim has been awarded and there is a large pending retro? By apportionment, do you mean she has formally filed for app
Simply_me
Do you mean his VA claim has been awarded and there is a large pending retro? Yes, I apologize I'm not very well versed in the terms used. By apportionment, do you mean she has formally f
11 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