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Finally, it's moving forward, last major update was BVA hearing March 2016
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retiredat44,
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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.
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Tbird, -
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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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Tbird, -
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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
yellowrose, -
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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, -
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Question
retiredat44
Update:
06-01-16
Pending Decision Approval
(I don't know how long ago that was updated on eBenefits, I think I looked maybe less then a couple months ago).
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Last major update was BVA hearing March 2016
in person hearing
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I looked on forums to see what that means. I don't want to get my hopes up. I don't want to sound like a drama queen, but the pancreas disease is on the move up into my stomach.
I don't know if it was approved, denied, etc. I have a bunch of stuff on appeal, my VSO asked the BVA judge to combine them, the BVA hearing was actually for an 1151 claim, but had 5 outstanding issues. Some issues actually went to claims that I did not have additional evidence and so I did not appeal them in 1997. So, they had connections to those, but since they were not appealed, they cannot go back that far, I made now claims in 2009. The year before I spent 6 months in a VA hospital and was unable to eat or walk. The failed pancreas surgeries were the basis for my 1151 claim. Attached are other issues that worsen, neurological issues, mental health, skin, and other issues going back to active duty. BTW although my claims were because I got sick from chemicals, I was also hospitalized for Gastritis on active duty 30 years ago, then developed pancreas disease. I was hospitalized several times on active duty. Also suffered a concussion and had severe allergic reactions to chemicals. So, although I am currently rated at 60% for headaches and a bad knee, patella issues. I have inoperable necrotizing pancreatitis, after the failed surgeries. I was unable to claim compensation for the pancreas surgeries for 6 months as an inpatients because at that time they denied my intestinal claims in 1997. For 30 years the doctors sent me to mental health doctor telling me I was mentally ill and a drug seeker. In the hospital every day for 6 months the surgeons interrogated me asking how I got pancreas disease. I told the VA doctors I got sick on active duty from chemicals. Which are clearly in my active duty USAF records. Anyways, I hope Pending Decision Approval is good.! I hope,, I wish!
Edited by retiredat44Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.
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