Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 1
Sign in to follow this  
Rich p

100% ptsd, rated SMC

Question

If you actually receive regular treatment for ptsd, Clemons Vs Shinseki 2009, is all that is needed to advance your claim. If it is a documented fact of record, Clemons requires a substantially complete adjudication. Missed evidence in your record fails Clemons and requires the VA to redress. Clemons put a higher requirement on the adjudicator. They didn't get it at first in my case, but I just pointed to a material fact, claimed great weight for my doctors statements, and presented Clemons. When from 50 to SMC, over six years. I hope this helps, the VA, DOJ, and our VSO's are way behind the curve on this. The decision came from the CCVA.

Share this post


Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0

Congratulations!  Is it possible for  you to  supply a link, or give a docket number to that great win, for other Vets?    As you may already know, MOST CAVC cases are public knowledge.  I do admit its unclear to me when/why some CAVC cases are "unpublished".  

Perhaps the "unpublished" cases have "sensitive issues" for example, issues of MST.   Of course, MST is not THE ONLY sensistive issue, there are many others. 

If yours is one of the ones with "sensitive issues" then I apologize in advance for asking you to post it.  

Share this post


Link to post
Share on other sites
  • 0

Broncovet

I believe  Clemons vs Shinseki is referring to a miss diagnose or a wrong diagnose that would other wise give the veteran a lower rating and it would change things for the veteran

Share this post


Link to post
Share on other sites
  • 0
On 6/29/2017 at 7:01 AM, broncovet said:

Congratulations!  Is it possible for  you to  supply a link, or give a docket number to that great win, for other Vets?    As you may already know, MOST CAVC cases are public knowledge.  I do admit its unclear to me when/why some CAVC cases are "unpublished".  

Perhaps the "unpublished" cases have "sensitive issues" for example, issues of MST.   Of course, MST is not THE ONLY sensistive issue, there are many others. 

If yours is one of the ones with "sensitive issues" then I apologize in advance for asking you to post it.  

My information was from the helpdeskvetsfirst.org, or the paralyzed veterans of American. 

Share this post


Link to post
Share on other sites
  • 0
On 6/29/2017 at 7:43 AM, Buck52 said:

Broncovet

I believe  Clemons vs Shinseki is referring to a miss diagnose or a wrong diagnose that would other wise give the veteran a lower rating and it would change things for the veteran

Clemons state the VBA has a higher duty to narrow a claim filed with a mental health condition. In Clemons the veteran was claiming PTSD which the VA continued to deny. When the case arrived at the CCVA the secretary was ask if they noticed the veterans other mental health diagnosis. The court then claimed a mental health claimant in capible of narrowing their own claims, this require VBA to identify and address any and all material facts from the onset. VBA fails Clemons if a material fact exist in your record and has not been addressed in a statement of case. I still have 8 diagnosis in my record never addressed, still in appeal

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines