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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 went to the Chicago RO yesterday for my appointment to see my husband's C-file. The letter I got said to bring a photo ID.
The first thing the lady at the desk asked me was "Did you bring the letter?"
No. Was I supposed the bring the letter? I have AN APPOINTMENT.
Yes. In order to see the file you HAVE to bring the letter. That's the only way we will know that YOU are the person we said can SEE the file. (with that "how STUPID can you be" tone of voice)
I pointed out the letter did not indicate that I had to bring it. I had assumed that the PHOTO ID would "prove" I was the person that was entitled to see the file.
I drove 5 HOURS ONE WAY to see the file. I did not appreciate the power game upon my arrival.
But she decided that, despite my stupidity in not bringing the letter I should have KNOWN to bring because how else would they know who I am without the letter, that she would "check" and see if the powers that be would ALLOW me to see the file without the LETTER.
Grrrr...
Then some young girl stumbles out of the office with the C-file - announcing that I don't have to worry - that SHE has a copy of the needed letter that will allow me to see the C-file.
Geez - they believe their own power games.
She announced that I would have exactly one hour to the minute to view the file -- but did let me look through it on my own in her presence.
At first she only had one thin file. I told her that WE had more records than that. So she went back and looked and found out that there were four files total.
She said I could sticky note anything I wanted copies of - and they would "follow up" on them.
But I couldn't find his discharge physical.
We have been asking for over a year for that. We have requested a copy of his C-file -- and made what is called a "limited request" for the discharge physical - because sometimes if a request for files takes a long time - agencies can fill a limited request quicker.
I drove five hours - thinking I will FINALLY get to at least SEE his discharge physical - and read what it says.
I couldn't find it.
She said it would be in the front- and then she said it would be in the back _ actually all his SMRS were out of order. 1996, 1982, 1995, 1971 notes just kind of in there.
We couldn't find any record beyond 1996, though he retired in 1998.
She looked through the dental record to see if it might have been stuck in there by accident.
She told me maybe the Air Force didn't give it to them.
But a couple of his C&P exams MENTION it in THEIR reports.
I think I will send an IRIS and ask them to locate it and send me a copy.
I did find out the case is set for "review" on September 19. She said to try to have everything to them by then.
But she said if I get it in earlier - and let them know it is all in - they will send the file on sooner.
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