Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
Lifes funny that way
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
63SIERRA
recently I responded for an ad on a popular online site to buy, sell, trade, ect... I needed to replace some electronic devices, and met with a guy to purchase them. After talking a bit, I asked what he did and he told me he worked for the VA. I asked exactly what his job was and he informed me that he was a rater in texas. Very kind and compassonate young man, very helpful and genuinely caring. I noticed a tattoo on his arm that told me his branch of service and in service occupation, I thanked him for his service and then we spoke a bit abt the internal proccesses of the RO, without going into too many specifics.
To cut right to the chase, he told me that the main hold up on most claims, is getting the medical evidence from either the hospital or the records center. He informed me that the contracted exams are no problem, but the medical community in the VA and the ROs have a continuity problem.
With the VACOLS system, they must fill in the blanks, and if there is nothing to put in the blank, the claim gets pushed aside, they attempt to get the info if they know where to find it, but they get the runaround too.
there are abt 108 raters that work the claims at this particular RO. .
Listen up A claim is started with evidence, evaluated , and won by evidence. BE PROACTIVE IN GATHERING , SUBMITTING, AND CONFIRMING THAT YOUR EVIDENCE IS ON RECORD !!!!!!!
The system doesnt look at you like an individual and make a decision based on kindness, sympathy, need, worthyness, ect. The evidence and having the VA apply 38CFR laws and rules properly are what wins claims,
Edited by 63SIERRATop Posters For This Question
1
Popular Days
Aug 19
1
Top Posters For This Question
63SIERRA 1 post
Popular Days
Aug 19 2016
1 post
Popular Posts
63SIERRA
recently I responded for an ad on a popular online site to buy, sell, trade, ect... I needed to replace some electronic devices, and met with a guy to purchase them. After talking a bit, I asked what
0 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