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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
jecsb4
Need Some Good Old Fashion Hadit Advice
What triggers a new GAF? Here is my background…Just started using the VAMC in 07.
I have several SC conditions, three of which are 30% each. The one I want to discuss is my SC depression. I’ll spare you the reasons why, but initially my C&P for this was evaluated as a GAF of 60. BTY my Appeal C&P for depression was Feb 07. Does that mean I get one every year?
My award letter (after a NOD) said that “we have determined that your pre existing depression was aggravated on active duty and has permanently worsened….. and 30% is awarded, which is a FULL grant of benefits sought on appeal….”
Hard to understand that if this is a FULL grant then why was I rated at only 30% however this not my main issue…
I do currently hold down a job, but it is getting harder to do. I am loosing my ability to focus, get stuff done, I even call my boss by the wrong name sometimes, etc but I don’t meet the VARO criteria for IU and / or P&T. It is upsetting that I have gone to the VA mental health clinic twice in 07 (separate from my shrink Apts) and only got to talk to the RN. She did try to get me to see my shrink but she was out.
I guess the best word to describe myself and my life is that I am overwhelmed. I really should be fired from my job…..
Well here is my real issue (sorry I rambled)….
Well I see the VA Psychiatric Dr. every 2 - 3 months and a few months ago she referred me to a grief counselor, PhD type.
I talked to this Dr. and said I would TRY to go to a weekly meeting. Well one day while I was in the VA for a med apt, I secured a print out of my apt’s, and this Dr booked me for every session for 3 – months. Basically one day a week for 2 hrs a session (group).
I was upset, because I told her I would try to go to a session and check it out so when I found out I had 15+ Apt’s scheduled for the next three months, I got upset, and I called and cancelled them with the VA mental health clerk. I even left the Dr. a voice mail saying I did so because of work (I was not rude). I called in late Sept or early Oct. She didn’t even call me to tell me she scheduled all of these Apts!
There is no way I could get time off for all of those apt’s unless I was working part time or not working.
Here is were I am concerned….on one of my apt’s lists it said I needed a new GAF. When I asked the PCM / Clerk they could not tell me why I needed it or who ordered it. So all I can think about is that this Dr is doing this on purpose! I just had my C&P for depression in Feb 07 and had a GAF of 60 which at the time I believe was accurate, now I am sure it is worse. I don’t know if this GAF is generated by VARO or VAMC – but I think it is the VAMC.
When I got home tonight there was a VAMC voice mail to call her!! All I can think off is this Dr is trying to mess with me. I have a feeling that she doesn’t have enough people in her group sessions and is out to hurt me because I didn’t even go to one session. I know that this sounds like I am so paranoid, I guess I have gotten that messed up, but reading how so many Vets and family of Vets get messed up I am thinking the worse. Now I have to wait to Mon to call so I have the weekend to keep thinking about this….
Thanks.
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