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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
Josephine
I have the letter at the computer and I feel that Dr. L is trying to place all doctors into her web.
Here goes:
The c-file, including personnel records, Dr. Pxxxxx's letters of 4/5/04, 1/23/06, 4/28/06, and 10/9/07, and Dr. B. Cxxxxx letter of 5/10/2005, was made available to the examiners and was reviewed.
The current request involves consideration of letters by Dr. B. Cxxxxxx and Dr. Pxxxx and " to reconcile their opinion as to etiology".
In our professional opinion, the propenderance of the evidence, including the letters by Dr. Cxxxxx and Pxxxx, supports the initial findings and diagnosis of the examiners and suggest that the etiology of her anxiety appears to have preceded her time in service.
Dr. L. L.
Receipt Acknowledged By:
/es/G/ Bxxx
Here is my fax which is being sent first thing this morning.
To the Rating Specialist:
I shall exercise my rights as a Veteran of the United States Navy and a Citizen of the United States and shall expect due process upon the rating of my claim for service connection for anxiety with depression.
I have read the 11/16/2007 Addendum authored by Dr. Lxxx Lxxxx.
She states that Dr. Brian Cxxxxxx and Dr. Michael Pxxxxx supports her findings and diagnosis and suggest that the etiology of my anxiety appears to have preceded my time in service.
I shall expect you to review the four letters authored by my physician of 30 years. Dr. Michael Pxxxxx.
Dr. Pxxxxx has stated many times that it is his medical opinion that my anxiety had its’ origin in service and is vocal in his letter concerning Dr. L. Lxxx in her diagnosis of my “personality disorder”, in fact his letter states, He has read the compensation examination by Dr. Christopher Mxxxx and Dr. L. Lxxxx and states that she is patently incorrect in her facts and I do not have a personality disorder.
I have read each of the four letters and he is in no way in agreement with her diagnosis of personality disorder or her findings. He does agree with her AXIS 1 of Anxiety.
As for Dr. Brian Cxxxxx, he states he is writing to clarify his shorthand and that he added a tranquilizer to my headache medicine for anxiety. Dr. Cxxxxxx has not expressed his opinion of being in agreement with her findings . He states that he was supportive of my early discharge.
Dr. Christopher Mxxxxx VAMC October 18, 2004. Findings do not agree with Dr L. Lxxxx and he in no way has expressed his etiology that my anxiety preceded my service, in fact, he states given the closeness to her treatment to her military service compared to 1979, this makes it more likely that she had been having problems in 1964 as well. In addition, the veteran had two psychiatric referrals within a short period of time in March , 1964 . Given this fact, it makes it more likely that she had some kind of psychiatric difficulty while in the service, and she was judged to be unsuitable for service.
Please refer to VA’s regulation implementing the presumption of sound condition, 38 CFR 3.304(.
Please read the letters authored by Pastor B. O Bxxxxx, April 17, 2005, April 18, 2005 and April 22, 2006.
Letter by Baxxxx B. Mxxxxxxx July 7, 2006
Rate the claim within the next two weeks, as I have advanced on the docket signed by Nancy Robin. March 06, 2006, as you have a copy of this document.
I hereby certify that the information is true and correct to the best of my knowledge and belief.
Always,
Josephine
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