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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
Josephine
Hi to all,
I am back at it again. Gosh, I never thought that I would have to prove that I was sane before service.
I have to go back to the years before 1964 and most of you weren't born then.
I spoke to David Barrans, Attorney, Office of General Counsel concerning this regulation.
VA’s regulation implementing the presumption of sound condition, 38 CFR 3.304(
I am not putting those little faces in this.
It is susposed to be a (B)
This is what he said to me, " Everyone is considered to be in sound
condition as noted on the enlistment form and it would take
"Clear and Unmistakeable Evidence " to rebut that soundness.
This is a complicated mess in my mind as the C&P states a Board of
Two and now that went out the window, we are back to one ( lady????)
psychiatrist with her last addendum.
The etiology of her anxiety appears to have preceded her time in
service.
What is " Clear and Unmistakable Evidence"?
He said that he couldn't solve my claim for me, but he could quote
the law, as I just typed.
Berta, Anyone, what would have to be in my records for anxiety to
precede service?
I can't go under aggravated, because, I never had anxiety or
nervouness until that swimming pool.
I only saw the doctor a couple of times before service, once for a
bladder infection and once for strep throat.
That is it. I was never ill or in need of a doctor. I had a regular
dentist and regular eye doctor, but not a regular doctor.
I remember being told that we ( the family) was quarantined by the
Health Department for " Scarlet Fever". I was about 3 years of age at
that time.
I put on my enlistment papers. I had had the Scarlet Fever, Measles,
a penicillin shot, and I guess that was for the strep.
I remember in the 1950's our whole school was given Polio shots and
that is it. Things were different in my time period.
My mother knew what the chicken pox were and my parents knew how to
pour that old iodine and that old burning bottle of stuff on my
scrapes.
I did find out today, that my claims file has made it back to the
rater and the answer should be within 30 days.
I am just trying to gain some insight.
Thanks and Always Appreciate all you and your Time and Knowledge,
Josephine
(Betty)
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