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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
Berta
NEWS FROM THE RANKING MEMBER OF THE U.S. SENATE COMMITTEE ON VETERANS’ AFFAIRS
CRAIG’S TRAUMATIC BRAIN INJURY AMENDMENT ADOPTED
Legislation will also help with homelessness, dental and mental health care
July,17,2007
Media contact: Jeff Schrade (202)224-9093
(Washington, DC) Legislation offered by U.S. Senators Larry Craig and Daniel Akaka to provide better treatment for those with traumatic brain injuries (TBI) was unanimously adopted last week on the floor of the U.S. Senate. Their amendment is now a part of the National Defense Authorization Act currently being debated on the floor of the Senate.
"I recently visited with wounded troops at the Landstuhl Army Medical Center in Germany. The vast majority had been injured by roadside bombs and some were clearly suffering from head trauma. Making sure that our troops receive the best treatment we can provide is my goal as a legislator. I believe the language we adopted will help us achieve that objective," said Craig, the lead Republican on the Senate Committee on Veterans' Affairs.
Under the amendment, VA officials would be able to place veterans with brain injuries into medical facilities outside the VA hospital system. "We want those with TBI to receive the best care available. The focus must be on providing the best care we can, wherever that may be," Craig said.
The amendment also calls for VA to conduct more research into the treatment of serious brain trauma and would establish a pilot program for assisted living services for veterans with severe brain injuries. The amendment also requires VA to provide age-appropriate nursing home care to veterans with severe TBI.
In addition to improving care for veterans with traumatic brain injuries, it also requires that an initial mental health evaluation be provided to veterans or returning servicemembers no later than 30 days following a request for such an evaluation. The legislation would also create a demonstration project to identify members of the Armed Forces on active duty who are at risk of becoming homeless upon discharge or release from active duty, and to provide referral, counseling, and support services to prevent them from becoming homeless.
The legislation also enhances the importance of the National Guard and Reserve in VA's outreach programs. In addition, the amendment would expand the window of time servicemembers have to seek dental care from VA upon their release - from the present 90 days to 180 days following discharge from active duty. The bill also extends the period of eligibility for health care for combat veterans from two years to five years after discharge or release.
"Right now combat veterans - whether injured in combat or not - are given priority status when going to a VA hospital or clinic. Under our legislation, they will continue to be a priority for a longer period of time to address any latent emerging medical needs," Craig said.
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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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