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Pending Decision Approval & 2nd C&P
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
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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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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
mtmorical
Hi Everyone! First, thank you to everyone through March and April that helped me through the TKR and temp 100% process!
At the advice of many here, my doctors, and my VSO I filed for 2 claims secondary to my right knee. I filed SC for my left knee because the doctors expressed concern over my left knee for a TKR before the right, at that time my right knee was the only condition that was SC'd so I did the right knee and currently I am on temp 100. At the end of April I filed for SC for my left knee and for my lower back, which are the conditions that have been noted by the VA doctor. I had my C&P at the end of May, my VSO says that the C&P notes are favorable to me (good news right)? Today I checked the claim to see where it was at and it says, Pending decision approval, and then in the information needed is says VA medical center by 8/29/16, I looked at upcoming appointments and it shows that there was one appointment requested today 7/30/16. There is no doubt that my left knee is connected to my right, I have compensated on my left for years due to the pain and awkward gait of my right to the point that I have a really bad gait on my left now, and very limited movement without alot of pain, which the examiner was very concerned about. My lower back, my back hurts in what I assume is due to walking so funny because of knees and limits my ability for bending and picking up items.
I filed for my dependents to be added and that was completed in May, however at that time the didnt pay me for one month because my son (who's a college student) was on spring break, my VSO went back and forth and finally the rater agreed it should of been paid, so that does show as a pending disability.
Could the pending decision approval be for that one month? Although when they were approved and added as a dependents they were not a claim for disability it was a dependent claim and didnt really show up underclaims, and there wasnt away to see the status of that the way there is to see the claim for disability. SO there was no pending decision approval or notification status for dependents at all???
How can I possibly be at pending decision approval with another request for what I am assuming is a C&P?
Does this mean that they have decided on one of the conditions and wants more info for another?
Is it possible that it will stay in pending decision approval until they receive the 2nd C&P results?
Or is it probably in approval for the 1 month they didnt pay me on my dependent?
Edited by mtmoricalMore info
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