I received a notification through the form of a SSOC that one of eleven items that I appealed to the BVA for increase has been remanded to AMC. The remaining ten issues were sent to the RO and are currently in the preparation for notification stage. I was informed that the ten items have already been reviewed and all actions have been approved. The claim is now with the RO as he/she completes the writing the notification letter that should be completed soon (no approximate date has been assigned). I have a few questions in regards to this appeal.
1. I have 10 requests for increase that were not sent to remand. Does this mean that these remaining items were approved or could they possibly be reduced or denied?
2. Would a denial of any of the remaining items be included in this notification or would they have been included in the SSOC?
3. I filed my original appeal a month before my 1 year requirement back in 2011. I have since been awarded 100% P&T in 2015 for other claims. Would I still be eligible for retroactive pay dating back to my original filing if the now pending appealed claims would have resulted in an earlier 100% rating?
4. Is it in my best interest to file for 100% unemployability if I am about to pursue disability social security or should I just leave well enough alone?
Thank everyone in advance for assisting a newbie!!!
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”
Question
Phenom
I received a notification through the form of a SSOC that one of eleven items that I appealed to the BVA for increase has been remanded to AMC. The remaining ten issues were sent to the RO and are currently in the preparation for notification stage. I was informed that the ten items have already been reviewed and all actions have been approved. The claim is now with the RO as he/she completes the writing the notification letter that should be completed soon (no approximate date has been assigned). I have a few questions in regards to this appeal.
1. I have 10 requests for increase that were not sent to remand. Does this mean that these remaining items were approved or could they possibly be reduced or denied?
2. Would a denial of any of the remaining items be included in this notification or would they have been included in the SSOC?
3. I filed my original appeal a month before my 1 year requirement back in 2011. I have since been awarded 100% P&T in 2015 for other claims. Would I still be eligible for retroactive pay dating back to my original filing if the now pending appealed claims would have resulted in an earlier 100% rating?
4. Is it in my best interest to file for 100% unemployability if I am about to pursue disability social security or should I just leave well enough alone?
Thank everyone in advance for assisting a newbie!!!
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Gastone
If your currently 100% Scheduler SC, IU claim is moot. Sit back, relax and wait for the Award/Denial letter. Then you tell us. SMC S (1) may be waiting in the wings. If you can, post a redac
broncovet
I know you are in a hurry, but you will just have to wait for the decision. I guess you can speculate, but the bottom line its all a guess until you get the BBE.
Chuck75
If you are in fact totally disabled, then SSDI may be applicable. (Not SSI) Currently, A VA or SSA determination supposedly is given consideration when you apply for the other. Traditionally
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