Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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-
- 0 replies
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 replies
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, -
-
Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
-
Question
Tbird
VA Claims Folders, the infamous C-File We can not stress enough how important it is to: View your VA Claims Folder at the Veterans Affairs regional office (find your Regional VA Office here) Call the VA at 1-800-827-1000 and request an appointment to view your C-File (VA Claims Folder).
If you’re having a difficult time obtaining your VA Claims Folder from your Regional VA Office, you can file a written Freedom of Information Act (FOIA) Request. See below for more information on FOIA requests.
Read more on Establishing Veterans Affairs Service Connection for Disability Compensation
When you apply for disability benefits, the VA creates a claims folder. Information you send to the VA, records the VA obtains on your behalf, and documents created by the VA are all in this folder. The claims file is commonly referred to as the “C-file.”
Source: Nolo
If you have been denied disability, you will want to obtain a copy of your VA Claims file to obtain information that will help you in filing your appeal. Request it from the VA Regional Office where you submitted your claim for benefits. If you do not receive it in a timely manner, make a Freedom of Information Act (FOIA) request for the file. For more information about filing a FOIA request, see Nolo’s article on obtaining VA records. You are entitled to receive one copy of your claims folder for free.
Typical Documents in a VA Claims Folder
When you receive your VA Claims Folder, don’t be surprised if the documents are somewhat disorganized. Also, there may be several copies of documents even though you really only need one copy. It can take awhile to sort it all out. If you want some help with this, you may want to find a VA disability attorney to assist you.
Here are some basic documents you might find in your C-file if you have applied for VA benefits. This is not an exhaustive list but merely a description of the most common and important documents you should find in your file. If any of these documents are missing, you will want to obtain them. (See Nolo’s article on obtaining VA records for more information about how to do that.)
DD-214, Report of Separation From Service
This is a very important document. It includes information about your character of service, which can determine your eligibility for benefits. Your DD-214 will also include your dates of service, specialties, any medals received, and other information about your term(s) of service.
Application for Benefits
Any applications for benefits that you have previously made should be included in your C-file. This can be important if you did not keep copies before submitting an application.
Denial Letter, Ratings Decision, and Code Sheet
If you have been denied benefits, there should be a letter in your file notifying you of the decision to deny you benefits. Until recently, the VA also issued detailed ratings decisions explaining why benefits were granted or denied, and why certain ratings were assigned to service-connected disabilities. Now the ratings decisions do not provide much information and tend to be quite brief.
There should also be a code sheet accompanying the ratings decision. The code sheet contains information related to the ratings decision, such as the diagnostic code that was used to assign the disability rating. It also provides information about the effective date of benefits and whether a future reexamination will be required, as well as additional details about the decision.
If you are going to hire an attorney, one of the first things they will ask you for is a copy of the denial letter, ratings decision, and code sheet.
Service Medical Records
You may find copies of your service medical records in the file, if the VA requested these while gathering information to decide your claim. An important
document in these records is the report from your enlistment examination. This exam report contains information about whether you suffered from certain medical conditions at the time you entered service.
VA Medical Records
Your file may contain records from the VA Medical Center where you receive treatment, but it may not. Or, it may contain an incomplete set of your medical records. You can request your medical records directly from the VA Medical Center by requesting them in person or over the phone.
Compensation and Pension exam
Another document a lawyer will want to see is a copy of your compensation and pension exam report. This is the exam you went to where the VA doctor evaluated your disabilities and made a recommendation to the Veterans Benefits Administration about whether or not your disabilities were service connected.
Service Personnel Records
View full article
Tbird
Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997
HadIt.com Veteran To Veteran | Community Forum | RallyPoint | FaceBook | LinkedIn | About Me
Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years
I am writing my memoirs and would love it if you could help a shipmate out and look at it.
I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.
The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.
Link to comment
Share on other sites
Top Posters For This Question
1
Popular Days
Aug 12
1
Top Posters For This Question
Tbird 1 post
Popular Days
Aug 12 2020
1 post
0 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