Claiming Pain without a diagnosis (NVLSP)

[Berta]

 

The new VBM always has penty of new info-

 

They mention the Saunders V,. Wilkie case-in which the US Court of Appeas- Federal Circuit-

overturned a CAVC denial:

http://www.cafc.uscourts.gov/node/23172

We discussed Saunders V,. Wilkie here last year but NVLSP recommends a vet can file for “pain alone” without an accompanying diagnosis of a present disease, and this “can qualify as a disability.”

 

The Federal District Court states that the “pain”. 'however ' (for VA purposes) must result in causing a “functional impairment of earning capacity.” Saunders above ,886 F.3d at 1367-68 (2018)

 

NVLSP also makes the point that “pain” in any incountry Southeast Asia vet, could be claimed as an “undiagnosed illness” per the Gulf War vet presumptives.

It pays to read the entire Fed Circuit decision above. And the Saunders V. Wilkie case at CAVC is available here under a search.

 

[broncovet]

Excellent, Berta!  

I agree, "pain" should be a diagnosis.  

[Sgt. Wilky]

5 hours ago, Berta said:

 

The new VBM always has penty of new info-

 

They mention the Saunders V,. Wilkie case-in which the US Court of Appeas- Federal Circuit-

overturned a CAVC denial:

http://www.cafc.uscourts.gov/node/23172

We discussed Saunders V,. Wilkie here last year but NVLSP recommends a vet can file for “pain alone” without an accompanying diagnosis of a present disease, and this “can qualify as a disability.”

 

The Federal District Court states that the “pain”. 'however ' (for VA purposes) must result in causing a “functional impairment of earning capacity.” Saunders above ,886 F.3d at 1367-68 (2018)

 

NVLSP also makes the point that “pain” in any in country Southeast Asia vet, could be claimed as an “undiagnosed illness” per the Gulf War vet presumptives.

It pays to read the entire Fed Circuit decision above. And the Saunders V. Wilkie case at CAVC is available here under a search.

This is going to be one of my big arguments in front of the VA DRO if and when I ever get there...

Thank you for posting this Berta!!