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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 rating
Picked 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.
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Lemuel, -
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Question
free_spirit_etc
A couple of months ago I looked up the regs -- and it said that the Va payment for the month of death is a right of the widow.
I got the VA letter - and it said to call the tool-free number - so I did.
I was told that I had to send in a statement of claim asking to be allowed to keep the February payment -and that it NOT be reclaimed.
I have since closed my joint bank account with my husband. (AT&T was taking money out, but was not authorized to do so - and was not even applying it to our phone bill - so who knows who authorized them to take it out -or where it was going -- I just closed the account - and still have to sort things out with AT&T -which is hard because the fact they are taking money out of OUR bank account is NOT recorded to OUR phone bill - so I haven't found anyone to trace it yet).
Anyway - I Have a personal account with the same bank - which I opened after my husband's death.
Today I called to ask why my avaliable amount is reduced by $225..
The VA has a hold on it. Since our joint account is no longer open - the VA is reclaiming the payment for the month of death from MY account.
Geez!!
It is amazing how fast they can do THAT!!
Too bad they can't pay that fast....
And they wasted MY time and THEIR time - sending me letters telling me to call - and answering my call - and telling me what to do to keep the funds --if they were going to take them back and make me send in another claim to add to their backlog to get the $225 back.
I will have to say it is NOT just the VA --
I have gotten the run-around from Social Security (who - since my son is disabled (autism) --and on SSI - reduced his SSI benefits by 1/3 because he was living with us and receiving support from my husband -- but when he applied for SSD on my husband's record denied him -- because he was not living with my husband or receving support from him (????) The same dang office -- and one cuts his benefits because of my husband's support and one denied him benefits because my husband wasn't supporting him..., the mortgage company, the credit card company who took two months to close my husband's account while fraudulent charges were being added to his card, --well -- pretty much everyone...
Again, it is the no acountability issue -- a world full of toll free numbers in which no one is responsible for what they tell you - so they just tell you anything.
I am tired........
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