Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
Temp to perm
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
Me1984
He everyone,
I have a question, how likely am I to be able to keep my 100% va compensation. I was diagnosed with MDD in 2014 and am receiving 100% temp until my next exam in 2019. I've heard that having a certain rating for five years or more that they can not decrease your rating, or if they do after the exam they can't go lower than my prior rating that was 80%. How accurate is this?
Thanks in advance.
Top Posters For This Question
3
2
2
Popular Days
Sep 20
2
Oct 3
2
Oct 5
2
Sep 23
1
Top Posters For This Question
Vync 3 posts
Me1984 2 posts
Inarticulate&Distorted 2 posts
Popular Days
Sep 20 2016
2 posts
Oct 3 2016
2 posts
Oct 5 2016
2 posts
Sep 23 2016
1 post
Popular Posts
Vync
Rating reductions in brief, aside from reductions involving fraud: 5 years = they cannot reduce unless there is sustained improvement 10 years = SC status is protected for the disability 20 year
Vync
You're right about bonus benefits with P&T, but it is still possible to have exams. The VA is unlikely to bring back P&T just to do a re-eval, but it could happen.
Inarticulate&Distorted
gladly stand corrected, just rarely rarely rarely heard of it, kind of a kick in the vet's balls to rip him off champ va, take his kids college money, all on a crack pot chance the VA made a "miscalcu
6 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