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Pes planus denied
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2025 VA Disability Compensation Rates an Pay Dates
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VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know
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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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Question
vlobo
So I'm new to this forum, but I have really enjoyed reading all the great information you all post. Thanks in advance for that!
I am currently in a three year battle with the VA for pes planus, plantar fasciitis. On my entry exam, the doctor noted " Pes planus, mild: asymptomatic." Shortly after I got out, maybe 18 months, I went to the doctor because my feet were bothering me, and had been bothering me for quite some time. The podiatrist diagnosed the following:
Forefoot adducted to the refract, high arched feet, hammertoe, decreased ankle dorsiflexion, decreased sty eversion, both feet and he also noted that both feet shoed pain to palpation of plantar-medial heel. "Assessment: plantar fasciitis b/l., pain, metadductus, equines, ingrown nail hallux lat b/l."
An ultrasound test revealed hypo echoic signals consistent with plantar fasciitis, b/l. I was pretty much told to stretch, get insoles and take motrin 800. My big question is: can I even get this service connected since I was out when I saw the doctor? I know the doctor put on the records that I told him I had pain since I was in the military and he put a time frame. My dogs are always barking and those insoles do nothin (and are like 60 bucks and not well constructed). I was told to request a hearing with the DRO and I got a letter saying my hearing is on June 6. My VSO told me to show up an hour before my hearing and meet with them briefly. I contacted the VA a few days ago regarding a different claim and they told me they don't have my service medical records. So, I'm a bit confused. I uploaded the records I have to eBenefits and I sent copies via certified mail as well. The original denial letter said it was not acquired during my enlistment. I am also seeing the DRO for a hip injury that was diagnosed as a stress fracture. My private physician said he feels it was misdiagnosed in 2003 and it is actually a torn labral tendon. I have uploaded the documents from the ortho and the podiatrist to benefits and send copies of those as well. Any suggestions, insight, comments for me? Anything you all can give me will be great. Thanks!
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