Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
.thumb.png.0b66d11060c658bf7aa45efe4372d3e7.png)
- 0
Announcements
-
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 rating
Picked 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
Fat
I know I'm beating a dead horse to extra death.
LOL............
However veteran group member Mark has a helluva claim and its quite fascinating.
Two incidents for headaches/head pain while on active duty.
Attempted to secondary service connect headaches to service connected Vertigo.
Claim denied due to no residuals of headaches and medical causation to Vertigo isn't feasible.
In addition, it was stated all medical records were reviewed and no service complaints or records of claimed disability.
The issue gets interesting because he has two records of doctor visits where the doctor noted headaches and head pain.
In addition, the doctor noted vascular migranes during the C&P exam.
If the regional office had located the information, they would have noted the inservice incidents and based on the C&P diagnosis they should have service connected at the 0% level (no residuals).
However failing to locate the two separate incidents and saying no service complaints or records of claimed disability killed the claim.
He is going to submit the two records/ C&P exam diagnosis with the supplemental claim paperwork.
Can he CUE a previous decision based on untrue statement of no inservice complaints or records of claimed disability?
Link to comment
Share on other sites
Top Posters For This Question
7
3
2
1
Popular Days
Oct 7
4
Oct 8
4
Oct 29
2
Oct 13
1
Top Posters For This Question
Fat 7 posts
broncovet 3 posts
USMC_VET 2 posts
pacmanx1 1 post
Popular Days
Oct 7 2020
4 posts
Oct 8 2020
4 posts
Oct 29 2020
2 posts
Oct 13 2020
1 post
Popular Posts
broncovet
This is a classic case of 38 CFR 3.156 (c) NEW SERVICE RECORDS. You submit these "new records" and you should get the original effective date, if awarded. Read this:
pacmanx1
I am not sure what was posted before but keep in mind that when a veteran files a claim for CUE, he/she loses the benefit of doubt. Look at it this way, as for direct service or primary service connec
broncovet
Whoa HOSS! Fat posted: You dont need a diagnosis IN SERVICE . Instead you need a CURRENT diagnosis for Service connection. This distinction is important. One example of this
13 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