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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
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Tbird, -
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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.-
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RichardZ, -
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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”-
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Tbird, -
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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, -
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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, -
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Question
tssnave
I have waited for over a year for "Claim Denied" by John D. Roche to hit the presses and it has finally been published and is well worth the wait. When I had an active claim I read his other book, "The Veteran's Survivial Guide" and found it very helpful. In previewing his current book about the appeals process I have found a couple great court cases that I was unaware of (always nice to be informed and have information locked and loaded in case you ever need it).
John is a former VA rater and he gives you the low down on how to win your claim from an insider's perspective. I can't recall if he is a vet himself or not but he is a straight shooter and knows the VA.
You can purchase the book for $11.02 + $5.00 s/h from Potomac Books, Inc.
Here's a link for "Claim Denied":
http://www.potomacbooksinc.com/Books/BookD...roductID=153768
If you are earlier in the claims process (before any appeals) here's the link to his first book, "The Veteran's Survival Guide" that also costs $11.02 (not sure what the combined s/h would be):
http://www.potomacbooksinc.com/Books/BookD...productID=50509
One thing I liked a lot about both of his books is they are small, easy to understand books. When I had an active claim I also purchased the Veteran's Benefits Manual (VBM), which is invaluable when you're dealing with the VA. You can also buy it on CD which is great when you want to look stuff up and print it off. However, the VBM is huge and can be intimidating when you are just starting out (or it was for me, anyway), plus, at $135 it is expensive. However, having said that, I highly recommend the VBM as well.
Here's the link to just the VBM:
http://www.lexisnexis.com/veteranslaw/maninfo.asp
They also have some discounts for sets. I don't see the set I usually get which is the VBM book, VBM CD, and Federal law book. I hope in their marketing to lawyers they don't stop selling that particular set. When I was doing my claim I bought the forms CD but unless you are helping a lot of folks do claims I didn't use it enough to make it worth the cost (my opinion - others may feel differently - at least it helps you make sure you fill out all the right blanks). Here is a link for sets:
http://www.lexisnexis.com/veteranslaw/moneysaver.asp
While I am listing my favorite resources, for those who haven't heard of it before, the NVLSP folks who produce the VBM also have a more or less quarterly newsletter that covers recent VA court cases. They have gone to an online newsletter and have had some trouble getting the issues out on time (I'm still waiting for the 2008 Q4 issue) but despite all that, it is a very good resource as well, though again, rather spendy ($40 for back issues, $60/yr if you get two years, and $80/yr if you only get a one year subscription):
http://www.nvlsp.org/Publications/Bookstor...ansadvocate.htm
As I've mentioned before, you can always ask your local library if they can get these resources in their catalog which would make them available to you and other veterans in your community at no charge.
My thanks, once again, for the long term members of this board who told me about the VBM and The Advocate years ago. I like to occasionally post these resources on the board for newer members who may not have heard about them before because they were so helpful to me when I was working my claim.
Happy New Year and God Bless you all,
TS Snave
Edited by tssnaveLink to comment
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