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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
betrayed
Letter is in response to my letter:
Dear Honorable Members of the Veterans Affairs Committee,
I voluntarily served 28 years of active duty in the United States Navy. My career was not without danger or armed conflicts. In doing so I committed myself to respond the many actions that U.S. Armed Forces responded to such as:
1982 Multinational Force in Lebanon , 1983 -- Grenada Operation Urgent Fury, 1986 Libya. Libyan Patrol Boats On March 26, 1986, US forces, while engaged in freedom of navigation exercises around the Gulf of Sidra, had been attacked by Libyan missiles, On April 16, 1986, U.S. air and naval forces had conducted bombing strikes on terrorist facilities and military installations in the Libyan capitol of Tripoli, 1987-88 After the Iran-Iraq War resulted in several military incidents in the Persian Gulf, the United States increased US joint military forces operations in the Persian Gulf and adopted a policy of re-flagging and escorting Kuwaiti oil tankers through the Gulf, 1987 the U.S. military protection of Kuwaiti oil tankers from Iraqi and Iranian attacks in 1987 and 1988 during the Tanker War phase of the Iran-Iraq War, it was the largest naval convoy operation since World War II. January 4, 1989, two US Navy F-14 aircraft based on the USS John F. Kennedy shot down two Libyan jet fighters over the Mediterranean Sea about 70 miles north of Libya. On December 21, 1989, the U.S. invades the sovereign nation of Panama to "further safeguard the canal, US lives, property and interests in the area." 1991 Iraq. Persian Gulf War. 1992-2003 -- Iraq The U.S. together with the United Kingdom declares and enforces "no fly zones" over the majority of sovereign Iraqi airspace, prohibiting Iraqi flights in zones in southern Iraq and northern Iraq, and conducting aerial reconnaissance and bombings. 1992-95 -- Somalia. "Operation Restore Hope" President Bush reported that he had deployed US armed forces to Somalia. 1993-Present -- Bosnia/Yugoslavia/Kosovo. 1993-95 -- Haiti. Operation Uphold Democracy US ships had begun embargo against Haiti. 1998 -- Iraq. US-led bombing campaign against Iraq Operation Desert Fox. October 2000, in the wake of an attack on the USS Cole in the port of Aden, Yemen, he had authorized deployment of military personnel to Aden. 2001 -- Afghanistan. US invasion of Afghanistan. The War on Terrorism begins with Operation Enduring Freedom. On October 7, 2001, US Armed Forces "began combat action in Afghanistan against Al Qaida terrorists and their Taliban supporters in support of the War against Terrorism. 2003 invasion of Iraq Second Persian Gulf War.
I retired in May of 2004 and certainly served during the time of Operation Enduring Freedom and Operation Iraqi Freedom. In those 28 years I was taught and I taught that we were all one team, all of the armed forces made up a team.
Now I find myself a disabled veteran and I find the segregation of veterans to be very disheartening. This started with the Department of Veterans Affairs (DVA) issuing Letter 20-03-11 on March 26, 2003 which directed how a Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) Veterans were to have their claims handled differently than other veterans (expeditiously and hand to hand) i.e. 30 day limits while other veterans wait years, I myself am at the three year mark. Then DVA letter 20-03-36 dated September 23rd, 2003 was issued streamlining the process even more, and finally DVA letter 20-05-14, dated March 8, 2005 was issued.
On April 24th, 2007 Senator Larry Craig released a news story which starts
NEW REPORT CONTAINS BLUEPRINT TO HELP CUT THE RED TAPE FOR VETERANS, CRAIG SAYS. 25 recommendations made to improve the transition for new veterans".
On the same day Secretary Nicholson released the following:
Task Force Aims at Improved Services for GWOT Veterans Nicholson - Vets "Shouldn't Fight For Benefits Earned" WASHINGTON (April 24, 2007) - Military personnel returning from Iraq and Afghanistan can look forward to more timely receipt of benefits, better information and more streamlined processes, thanks to streamlined federal procedures announced today by Secretary of Veterans Affairs Jim Nicholson, who chaired a presidential task force. To view and download VA news release, please visit the following
Internet address: http://www.va.gov/opa/pressrel
Everything is for the "New Veteran", what happened to the team? I am a severely disabled veteran 100% Permanent and Total. I applied for compensation and pension benefits, even though I am rated at 100% disabled, I am being paid at the 60% level which is roughly a difference of $2000.00 per month, I can only imagine one of the "new vets" Award Letter is being processed before mine. I have applied for vocational rehabilitation but was denied because:
"It does not appear feasible for you to obtain suitable employment through your Vocational Rehabilitation benefits at this point in time because of the severity of your disability."
"After carefully reviewing the evidence, I have determined that it is not reasonable to expect you to be able to train for or get a suitable job at this time."
"In reaching my decision, I considered the following evidence: Medical records from VAMC and private physicians, independent living evaluation; vocational and independent living interviews, rating decisions, personal documentation."
So because of the severity of my disability I have been placed in the Independent Living Program, which has not done one single thing for me. But you can bet all those "new veterans" are not having any problems obtaining their benefits, like Secretary Jim Nicholson said "Vets Shouldn't Fight For Benefits Earned"
Senator Larry Craig said "This one action to unify the disability rating process will help cut the red tape for injured service members and that should lead to an improved benefits delivery system. I believe this will be a major step forward for future generations of military personnel"
I say lets unify the veterans and treat them all the same, the most Ironic thing of all of this is the fact I served during OEF and OIF, but because I didn't put my boots in the sand over there I don't deserve the same benefits as the "New Vets".
XXXXXX X XXXXXXXXX
MCPO, USN, Retired
Copy to Congressman: Mike Rogers
Betrayed
540% SC Schedular P&T
LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!
WEBMASTER BETRAYEDVETERAN.COM
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You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'
Because you're different, because you're free, because you're everything deep down they wish they could be.
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