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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
jessie0054
Hello all:
You might remember that i had writen several months ago about my brother. He has been receiving a NSC Pension for many years, But didn't know why.
Today i received a copy of his C-File to see if he had filed a claim with the Va or what.
He had filed a claim for a back condition and nerves back in 1973. [ he was discharged in 1971]
In the C&P exam the examiner said that his c-file wasn't available at the time, But my brother had reported a fall with injury to his low back and recurrent back pain since then 2 months before discharge in 1971.
It was reported that an Lumbar Spine X-Ray had been requested. [ no x-ray report in the c-file]
From his service medical records i see he reported to "sick call" on May 2nd 1969 for low back pain, On July 8th and again on July 22 of 1969 he was treated for Lumbar Strain. And on Jan 28th 1970 he was treated for a back injury while lifting barrels. These were all during his Military Service.
As for the " Nerves" the rating decision states [ Special Neuropsychiatric examination revealed complaints from the veteran that his nerves get bad and he shakes all over and he worries continually. [[[[ Had this before he went to service]]]]
It also said [ Service Medical records are entirely negative with regard to complaints of a nervious condition or diagnosis of a nervious condition of any kind. A report of VA outpation treatment dated july 30 1973 refers to periods of depression, treatened sucide and irritability which were decribed as a budding tendency toward schizophrenis.]
My brother had mental problems before he ever went into the service. He didn't have pass an 8th grade education and that had been is special education. I'm not even sure how he got into the Army to start with. Out of 8 children my brother seemed to be the one who was abused most by our father.
In my opinon the many 'Sick Calls] for a number of various aliments were indeed due to his nerves and he didn't know how to say really what was the real problem.
I remember it took a realy long time for him to ever make through boot camp.
Now that i have this information how can i make it work for him today??
His condition hasn't improved!! His back condition has only worsen and has had 2 fusions on his cervical area. Had lung cancer, Colon Cancer. There were several sick calls for lungs hurting coughinhg. " Stomach problem" He now lives with our mother since his wife died and he is unable to stay alone and unable to care for himself. She's 78 years old.
Jessie
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