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Service Connected Gastric Bypass Surgery Questions!
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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
Tazit
SERVICE CONNECTED GASTRIC BYPASS
presurgical and post surgical VA disability and medical coverage questions
What is covered?
what do I file for after for after surgery for new diability rating for Gastric Bypass and all it encompasses?
what should I expect for a minimum disability rating due to nutritional needs(suplimentation) and weight loss?
I am currently 70% Service connected due to multiple disabilities one of which is a "Hiatal Hernia with GERD and Tooth Enamel erosion." (specifically what is says in the rating.)
I had a nissen flundiplication repair on my Hiatal Hernia back in 1997. It failed in 2009 and has gotten worse ever since. My issue is now the only way to repair my esophagus is to either have experimental reconstructive surgery(which the VA will not cover) or have Gastric Bypass. Both the VA surgeon and VA Choice surgeon(I am choice eligible) recommend the Roux-En-Y gastric bypass to fix my service connected Hiatal Hernia with GERD and tooth enamel erosion.
That all being said I have just started the long procedure of pre-op training at a VA choice provider for the RnY bypass. I want to be as proactive in preparation for requesting an increase and temporary 100% paperwork prior to surgery, but I do not know what to actually file for. Or what will all be covered by the VA post op....it is a "grey" area as most people don't have service connected Gastric Bypass...but mine definately is....I am not doing this to lose weight. But I still need to follow a standard gastric bypass post op plan including nutritional and protein suppliments for life.
My question is what do I file for or prepare to file for to have the RnY bypass service connected.
also what will the VA cover post op? Does service connection require the VA to provide me with the costly nutritional suppliments and protein suppliments that I will be required to take for the rest of my life?
Thanks for any and all assistance in this matter in advance...I would normally have my county CVSO research this for me and start work on it, but we no longer have a county CVSO and the job has been open for 6 months now.
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