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Preparation for Decision without C&P appt
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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
Gunny Motto
Question here, I had a claim in for bilateral bursitis(knees) and subluxation in left knee. This claim was initially denied because they said that I did not have a diagnosis for bursitis in my medical records. I have since then informed my doc of the apparent oversight as she has indeed been treating me for bursitis, however she stated "knee pain" in my record. Now, I have resubmitted my claim, and I also provided them my doc medical notes from my records which states the bursitis diagnosis, as well as medical record notes from an Orthopaedic doc siting the same as well as siting subluxation, and I also submitted the medical notes from my Physical Therapist. I also included a statement from my wife explaining how these issues have affected my daily activity. I look on ebenefits today, and my claim has moved from Gather Evidence straight to Preparation for Decision. Question, how can be preparing for decision when I have not been scheduled for a C&P exam yet? I mean, I know that I submitted a lot of evidence and all,,, but shouldn't they send me in for an exam?? Does this mean I'm on the brink of denial??
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broncovet
No, it does not mean you are on the brink of a denial. It means that C and P exams are discretionary, that VA may or may not provide a c and p exam. It could mean you have enough evidence without a
anxiousinMD
I also moved from Gathering of Evidence to Prep for Decision without a C&P, and I also have thorough treatment records from the VA and an IMO in favor of an increase. But I also wondered the same
broncovet
Hopefully, you appealed the decision that stated "knee pain is not a diagnosis". The court has ruled the Veteran can "identify the benefit sought" by pointing to the applicable body part. There is n
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