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Agent Orange ( Defoliant)
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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?
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Do the sct codes help or hurt my disability ratingPicked By
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Question
kkp
I know for many of you Vets, the Viet Nam war started in 1964. How-be-it, Many of us know from experance it started long befor then, But thats another topic for another day.
I have done alot of research trying to reconstruct events of my own expearances. AO (Defoliants) was used as early as 1960 in Laos and parts of Viet Nam, maybe earlier But I can document the war and ao use from 1960 on.
At any rate heres a little tid bit. At worst its a good read
kkp
5. Diem gravely concerned over deterioration situation southern Laos in recent months and
would of course like to see action taken to clean up that area. Any decision on part of GVN
to throw sizable force into this effort would be grave one not only because it would
represent broadening of war in which GVN now engaged but because of limited available
GVN forces to meet current military needs. Believe however that GVN would seriously
consider as part cooperative effort commitment some additional forces beyond small
number of Vietnamese Special Forces and regulars now engaged in Laos and along Lao
border. GVN officials continue to talk in admiring and favorable terms about use of
Pakistani troops in Laos, but we are not in position judge practicality of this idea. Diem
might not insist upon actual involvement of US combat forces at outset of cooperative
action in Laos but would certainly seek to obtain clear commitment by US to send in
combat forces if need developed.
GVN operations Laos tactically and strategically sound and desirable. Due guerrilla war
now going on in Viet Nam GVN military forces immediately available for cooperative
action in Laos could probably consist only additional small units somewhat similar those
now in Laos (principally along route 9) but with perhaps broader role, possibly to include
limited combat support of Lao units. GVN might as calculated risk commit larger forces to
Laos with view toward preventing intensified future VC infiltration through Laos, but
sizable GVN operation in Laos could probably be considered only within time frame
required to mobilize, train and equip additional forces now planned but not yet available.
Forces being added under 30,000 increase will provide additional capability but these not
available in significant numbers before late 1962. Should be recognized that, if the above
occurs, there is possibility that increased enemy action will force GVN to escalate its forces
committed across Lao border beyond whatever level it originally decides-e.g., small to
sizable. In latter case it important it be kept in mind that additional 30,000 increment is
required for GVN primary task of defeating insurgency within Viet Nam at approximately
its present intensity.
Bangkok and Vientiane much better qualified than me to comment on likelihood Sarit and
Phoumi cooperation in cleanup southern Laos. From Saigon it would appear that Phoumi
could be persuaded without much trouble as we believe there is inclination on his part at
times to throw in towel re northern Laos, withdraw his forces to south and attempt set up
separate government there. Phoumi would probably regard cooperative effort in southern
Laos as at least giving him greater assurance of being able hold out there if he is obliged
give up north.
Would appear to US Sarit might be harder to convince that southern Laos should have
priority as against occupying all parts of Laos adjacent to Mekong and thus bordering
Thailand. We would assume if enough outside support thrown in (e.g., Pakistani troops) to
conduct both operations, Sarit would willingly cooperate on southern Laos operation as
well.
Above is based on my understanding first question under five refers to cooperative action
just as remaining two questions do. If, however, first question stands alone and refers to
unilateral GVN troop employment in eastern Laos for primary purpose defense South Viet
Nam, then our response is:
With respect infiltration individuals or small groups VC, GVN troops not now capable with
or without pushing out into Laos controlling very numerous rugged and forested infiltration
points which occur entire length all borders here. Military forces required for high degree
control infiltration type described above would be prohibitive regardless location of troops.
On other hand for control any sizable communist troop units or supply routes GVN forces
located Laos on major avenues of approach and commanding terrain worthy consideration.
This for purposes early warning and desirability meeting enemy ahead of own borders plus
additional indication determination stop aggression. Extent GVN troop commitment for this
purpose would be governed by essentially same factors as those outlined above with respect
to cooperative action in Laos. Presently RVNAF are studying MAAG recommended
techniques to reduce infiltration such as defoliant, change from present static guard posts to
mobile concept involving additional patrols including dogs, establishment of buffer
population, additional roads and air fields and like, which are long range in nature and
cannot be expected to stop but only progressively reduce infiltration.
Nolting
121. Editorial Note
The Conclusions of National Intelligence Estimate 14.3/53-61, August 15, 1961, entitled
"Prospects for North and South Vietnam", are printed in United States-Vietnam Relations,
1945-1967, Book 11, pages 245-246.
122. Editorial Note
On August 17, 1961, William J. Jorden, a former New York Times correspondent who
became a member of the Department of State's Policy Planning Council earlier in the
month, left the United States for a fact-finding mission to South Vietnam. His task was to
gather documentation on infiltration by North Vietnamese forces into the South. In a letter
of August 17 to Ambassador Nolting, Vietnam Task Force Director Sterling J. Cottrell
wrote that Jorden had only learned of his assignment the previous week and the suggestion
that he be sent had been approved by the President within 24 hours. Cottrell described
Jorden as "soft-spoken and willing to listen" and added:
"He is extremely serious about this undertaking and realizes that the material which he is
able to assemble with your help and write up is likely to have a considerable influence on
U.S. policy decisions. He is also prepared for the fact that he may not be able to obtain
enough evidence to make a fully impressive case." (Department of State, Vietnam Working
Group Files: Lot 66 D 193, VN 1961 Presidential Program Psychological TF 26 thru 31)
123. Memorandum From the Joint Chiefs of Staff to the Secretary of Defense
(McNamara)/1/
JCSM-583-61
Washington, August 24, 1961.
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