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Agen Orange
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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
rthomass
Topic Description shold read " Contact Congress ON Concurrent Pay & AO
The 110 Th Congress will be in session in January 2007.....This is the time to push for full concurrent pay, try to straighten VA out and get the Agent Orange cases awarded...not just for the Blue Water Navy but for all that served in Vietnam. Thailand, Cambodia and Laos..... Write your Senators and Represntatives!!!!!!
Here is one of the letters I wrote to my Senator: Feel Free to use it as a guide.....Nobody but you is going to help.....Do it today....raise HELL.
December 7. 2006
Honorable Senator Mitch McConnell
601 West Broadway
Suite 630
Louisville, Kentucky 40202
Re: Your Ltr. Dtd. 5 Dec 2006
Senator McConnell :
The United States Court for Veterans Claims in a decision dated August 16, 2006 “ Haas vs. Nicholson “ruled that the appellant on appeal from the Veterans Board of Appeals was entitled to a presumption of exposure to the herbicide specifically identified as Agent Orange. It further found that any veteran serving during the Vietnam Era (1962-1975) and who had been awarded the VSM “Vietnam Service Medal” was presumed to have been exposed to the herbicide commonly know as Agent Orange.
The desire of my fellow Vietnam Veterans who served during the Vietnam Era in Vietnam, Thailand, Laos, and Cambodia as well as their territorial waters who have one of the eleven diseases set forth in 38 C.F.R. 3-309(e). be presumed to have been exposed to agent orange and awarded 100% Veterans Administration Compensation.
I propose the decision of The U.S. Court of Appeals for Veterans Claims “Haas Vs. Nicholson” be a guide to re-write those portions of U.S.C. 38; 38 C.F.R.; and the Veterans Administration Adjudication Procedure Manual M21-1 by means of new legislation promulgated by the United States Congress.
I have attached the U.S. Court Of Appeals for Veterans Claims decision Haas Vs. Nichoson; National Veterans Legal Services Program additional information on exposure to agent orange.
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