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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
Berta
I went there to see my file at NYSDVA. They had sent me a copy of it years ago.
Not only are my claims missing (again) but the NOD I sent in on June 21,2007 wasn't there.
I have the Priority tracking slip and they said they never got it.
Of course I sent copy to VA and they did get it.
What bothered me is this- there are client notes about me and the broohaha when I complained to them about the way my claims were handled.(dated 2005 and 2006)
The rep did tell the truth about most of how it went (Jan 2003) and admitted he gave me back my copy and never made a copy of it-but he never triggered the claim with the VARO or NYSDVA.(the AO claim) but he never told them he never established the POA on my other claims-
it doesn't matter -the VARO has them on my POA and they get all the mail from the RO anyhow-
but-there was some revealing information there-in the notes- as to the mess in 2005 which is when I realised how screwed up the whole thing was-
Question- the rep gave me a copy of one of the directors letters as I had written on my copy.
I asked for a copy of the client notes too and he refused.
I asked if he would give me the directors number (his boss) but he said he didnt have it so I said well what would you do if I just take them.
He said he would call the cops.
I said I know all the state troopers =so who has juridiction over a state office at the VA?
the VA cops? they will ask you for the directors number ,like I did-just to see if it is true that I cannot have a copy- it is all about me anyhow.
well -we got that resolved sort of -he was afraid to give me a copy and I could understand that-
Question-do I have a right to this info- 4-5 pages or more-
I read it but I need to think about it-
it appeared that no one knew how to handle my situation at all-this is clearly shown by the transcript- it reads like it was a taped phone call.
and now- my NOD is missing----just sent in on June 21, 2007.
The letter from the director conflicts with the info he stated to me in documentation.
I know someone screwed up but that screw up looks higher than I thought-
I also asked the rep to read my VCAA letter and see if it was legal- (the director said it was).
He looked at it and said Nope no way- there isnt even an election form with it. Duh tell me about it-
This illegal VCAA letter is part of the transcribed discussion and someone else was supposed to look into it in Buff POA office and they never did or just didnt care-
I would love to be able to read those documents without some rep hanging over me - do I have a right to them?
Thanks all.
(actually the guy and I started to BS and he does seem to understand claims-but he is only there until they can hire a new rep.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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