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
texasvet
Hello All,
My 91-year-old father-in-law is getting weaker by the day with all kinds of medical problems from COPD to bladder cancer to just being old.
I’m pretty certain that he told me years ago that he is 40% compensated for hearing loss due to his 20+ year career spent as a jet engine mechanic in the Air Force.
His 81-year-old wife, that he’s been married to for 60+ years, is in the middle stages of Alzheimer’s and I’m going to make an effort to see if I can get him to sit down with me and go over his VA benefits and his finances and see if he has a will with an executor assigned.
I’ve got a number of questions and I’m sure more will come up as the months pass by.
Here goes:
1. Since he has Tri-Care how are his wife’s health benefits affected when he passes?
2. Will Tri-Care pay any benefits if she moves into a 24/7 Alzheimer’s care facility.
3. Will Tri-Care pay for any Alzheimer care facility costs?
4. She gets a few hundred dollars a month from Social Security and since her husband gets a bigger Social Security check, will she be entitled to part of it?
5. Will her or his Social Security pay any additional for Alzheimer’s care?
6. Since he has had his VA rating for over 10 years, will she be able to collect any DIC monthly benefit when he dies?
7. At this point, I don’t know if either one of them has Medicare insurance. If they do, does that help or if they don’t, does that help?
Again, I’m going to try and meet with him in the next month or so and start formulating a game plan because when I saw him a few days ago, he told me he did not know what was going to happen to his wife should he die first.
I’d like to get some thing in the works to ease his mind. He has enough to worry about.
Thanks,
Texasvet
Link to comment
Share on other sites
Top Posters For This Question
8
6
5
2
Popular Days
Jan 18
10
Jan 20
6
Apr 8
5
Apr 9
3
Top Posters For This Question
texasvet 8 posts
Berta 6 posts
Buck52 5 posts
GBArmy 2 posts
Popular Days
Jan 18 2021
10 posts
Jan 20 2021
6 posts
Apr 8 2021
5 posts
Apr 9 2021
3 posts
Popular Posts
GBArmy
Texasvet You have a lot of moving parts so you have to take small bites of the problem. To keep all your questions and responses in one place so people can follow your progress, keep posting against t
Buck52
Texasvet I think its very nice of you for helping your father-in law and mother-in law thats wonderful and also very hard to be put in that situation. Unfortunately it don't look good for
broncovet
VA benenefits/health insurance/ and social security is "just one" of many issues that should be discussed for estate planning. They are important, but other issues may be just as important. I
23 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