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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
free_spirit_etc
I have an appointment to see my husband's c-file this month (july 27) at the Chicago Regional Office.
Yippie! At least I will be able to LOOK at his discharge physical - and hopefully request a copy of it.
(We have been requesting his c-file for over a year - and sent in specific "limited requests" for his discharge physical --as some info suggests that a limited request can be expediated --but that apparently wasn't the case).
I know several people have posted very positive experiences in viewing the c-file - and the VA advising them on what else they needed to send to make the case (specifically).
I also read jangrin's posts about how she wasn't allowed to touch the c-file - but the VA person showed them everything they asked to see.
Yikes! This one concerned me. When my husband was in the hospital - I asked to see his records - and that was the experience. The nurse sitting there saying "What do you want to know?" and then looking at it - and reading it TO me - and sometimes hesitantly letting ME read the page myself.
Recently I went back to view his record - and they let me look through it myself in their presence and take notes. THAT is what I prefer.
How in the heck do I know what specifically I need to see - until I have seen it?
Anyway - if that is the case - I know I want to see his discharge physical, their request for the medical opinion from the doctor on the cancer (to see what they specifically asked the doctor to opine about) any records of them closing the claim. --and I will think of more).
I also intend to ask for copies of a few of the documents when I am there.
On one post (about getting copies of the c-file) I noticed Berta had said:
" The C file comes from a request to the VARO and the medical record copy comes from a request to the FOIA or Records access officer at the VAMC that treats the veteran."
So - my question is - Are his medical records going to be IN the C-file?
Do I have to make a specific request to view his medical records?
And --I have requested a copy of his C-file. Do I also need to request a copy of his medical records?
I am thinking that if I get the info I need right now from VIEWING his c-file - and some limited copies - I might actually withdraw my request for the whole c-file, and then ask for a copy if the claim gets denied (to help with my appeal).
But then again, since it takes over 6 months to get it - I better get what I can now -- since appeals have to be filed in a certain amount of time.
Anyway -- If anyone would like to share their experience of viewing the c-file, or any suggestions for making the visit as productive as possible - it would sure help.
I am driving a 10 hour round trip to do this.
Thanks
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