Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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

  • 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

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

  • 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  I do admit its unclear to me when/why some CAVC cases are "unpublished".  

Perhaps the "unpublished" cases have "sensitive issues" for example, issues of MST.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

Ad

  • 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

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 account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

      Dan
    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
    • You might have a 38 CFR 3.156 situation-

      meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

      Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:

      https://community.hadit.com/topic/52994-cue-in-failing-to-apply-the-provisions-of-38-cfr-§-3156c-for-effective-date/

      o

       
        • Thanks
×

Important Information

{terms] and Guidelines