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)
-
Similar Content
-
- 0 comments
- 984 views
-
- 0 replies
- 346 views
-
- 3 answers
- 327 views
-
- 0 comments
- 1,111 views
-
- 0 replies
- 366 views
-
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
infamous
Hi
I filed when a few months before I got out of the service at my base in California. I filled in August and the VSO on base did everything for me, he knew I was going to go back home to Massachusetts after I separated and it should be quick since I filed while still in under the Quickstart program. Sufficient to say it has not been quick, first the Oakland VA and the VA in Mass went back and forth a few months about who was going to schedule the C&P appointments. Then I finally had my appointments in February and still waiting now in the preparing for decision phase since then. I know this isn't really a long time but I'm being f*cked over by the VA. I deployed the within a year before I got out and I developed PTSD, IBS, migranes and a whole slew of other things. Even though I should be free for 5 years since I was a combat vet, I keep getting sent bills for copays for everything except my mental health. I think these should all be covered or at least if I'm service connected even at 0% i wouldn't have to pay. I'm seriously being screwed over with these co-pays. It's also hard to get appointments at my VA because I'm in the low group since I have no disability. Everything started during my 8 months in Afghanistan.
I have no idea how to contact a VSO, the one in my town never calls me back (i've called him 5 times in the past two weeks I always get his secretary or answering machine). The VSO who did my original claim set my power of attorney to the American Legion but they only have an office in downtown Boston. I absolute cannot go to the city due to my PTSD, driving there would make me pass out, taking the train the same thing I can't be around people in a crowd that size.
What should I do? I've met my congressmen a few times in the past and could probably reach out to him but I don't know if I'm just not giving it enough time.
Thank you
Link to comment
Share on other sites
Top Posters For This Question
1
1
Popular Days
May 13
1
May 14
1
Top Posters For This Question
THOMAS89031 1 post
infamous 1 post
Popular Days
May 13 2016
1 post
May 14 2016
1 post
1 answer 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