Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
C&P Exam Completed [Bad Vibe]
Rate this question
-
Tell a friend
-
Recent Achievements
-
Our picks
-
2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
Picked By
Tbird, -
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-
- 1 review
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 reviews
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, -
-
Question
Cobra4v
I had my exam done today for a request of an increase on my knees, shoulder, neck. The examiner evaluated my shoulder and I told her I have frequent flare ups that last for weeks at a time. Commonly, I roll out of bed with a frozen shoulder which relieves slightly along the day. On today's exam which was early in the morning, my shoulder just so happened to have a flare up. I was confident this was a good thing so the examiner could see how my shoulder was on most days. We did an exercise for a measurement placing my hand to my side and raising my arm vertically. Well, I wasn't able to raise it past my chest and stayed pretty much even to my waist line where I was in pain. I looked at the examiner and said, that's it, this is where i'm in a lot of pain. She said, Really?? Well I need you to keep moving it until you cant. I again did the exercise and raised my arm, trying to push through the pain but I wasn't able to raise it much more.
Towards the end of the exam, she mentioned "most people" are able to lift their arm in that exercise. I don't know how to feel about this. I was kind of dumbfounded when she told me this. I feel as if she singled me out a little here.
There is a long history of my shoulder injuries in my file. All with ROM measurements and complaints about flare ups. I guess i'll have to wait and see what the outcome is.
I'm not sure if this was the area of my evaluators profession. Is there a way to evaluate the process if this is inaccurate? Can I contact the VA and speak to them about it and request another evaluation on my shoulder?
Edited by Cobra4vTop Posters For This Question
6
1
1
1
Popular Days
May 25
7
May 26
3
Top Posters For This Question
Cobra4v 6 posts
ArNG11 1 post
Buck52 1 post
harrysday 1 post
Popular Days
May 25 2016
7 posts
May 26 2016
3 posts
Popular Posts
pwrslm
Did the examiner use any type of measuring tools for your ROM? Shoulder and Arm Limitation of Motion Code 5201: If the arm cannot be raised to the side more than 25°, it is rated 40%
9 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