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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.
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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
Super Ron
I am retiring soon after 21 years and would like to know what to expect from the VA as far as the process goes. I know there is know telling what I will get, but I have issues that have been routinely addressed.
Here are the chronic issues I put up with on a daily basis that have not been resolved:
Since 1994 I have had testicular pain on a daily basis following a vasectomy. I have tried anti-inflammatories, Neurotin, cord blocks and even a vasectomy reversal with no luck.
Since 2002 I have had back pain since moving some furniture. This is also aggrivated by arthritis between L5 and S1. I have again done the anti inflammtories, tens unit, chiropactor, and physical therapy. I am going today for a traction appointment for the first time.
For years, I have suffered with bilateral knee pain. They tried to do a lateral release on my left knee and left in in worse condition than it was before. I refuse to let them do the other for fear I will not be able to walk with out a cane. Most days I were knee braces. If I didn't I would not be able to walk up the stairs to go to bed by the end of the day.
3 years ago, I had a pop in my elbow. Every since I have pain and burning in my shoulder. The orthepedic surgeon has given me steroid shots in my shoulder but says the elbow was a coincidence. He has never even looked to see if there was anything wrong with the shoulder. The diagnosis is an impingement in the shoulder. Corrective action is surgery but again with the way my left knee was messed up I am scared to let them touch my shoulder.
For the last 2 years I have had migraines. It started as dizzy spells followed by headaches. Took them over a year to figure out they were migraines. I am on Topamax for this but hope to be weened off here within the next couple months.
After years of living in this chronic pain on a daily basis, I have been taken off of flying status. And have finally been given a referal to a pain management clinic off base.
If things go my way, I will be receiving a job offer this week and dropping my retirement paperwork. If not, I will be automatically MEB'ed in July. If the MEB happens, I want to wait until Nov 08 to retire to I can go to school. But at this point, I don't even know if I can go to school with the daily pain and the topamax affecting my concentration.
Anyway, sorry for rambling. Just wanting to know what I can expect for the process.
Ron
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