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exam notes and records don't match
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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
LouJ0424
Hey guys,
I'm knew to this forum so sorry if this is in the wrong section.
--I had a comp exam on Saturday, looking to get an increase on my mental health disability from 50 to 70%. It lasted all of 10 minutes and he asked about 5 questions. Today, I looked on ebenefits and saw his notes. Needless to say, I was shocked that after the exam was finished, he told me he would review my medical records, because he apparently didn't.
I guess the two major concerns I have are: He checked reduced liability for work, when I've had multiple jobs since being out and the longest is 6 months (including leave due to panic attacks) and I am currently attending intensive outpatient treatment that lasts (on average) 1 1/2 years;
the second: my medical records indicate I have a newborn that I am not able to be around due to my anxiety.
So, my question being: should I wait for a decision from the rater to see if it does get increased or do something about it now?
I attached his report...hope it helps, and sorry if I left anything out. Thanks in advance!
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Edited by LouJ0424Top Posters For This Question
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Buck52 4 posts
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Buck52
Yes wait for a decision, you can't NOD until you been denied. Sometimes why a C&P don't take very long is B/C the examiner has read all your records and went over them pretty good, he need
Berta
Was this for a TDIU claim ? (form 21-8940) I agree that this might well be 70%,or maybe 100% but something is missing....the very next page where the doc makes a statement as to your ability to b
6 answers to this question
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