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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
One-Zero
Hello All,
I'm recently retired (SEP 2007) after 24 years service. I began the claims process while on active duty under the BDD program. My claim was submitted on April 23rd 2007 and boarded(decided?) 20 Dec 2007. I received the award letter in the mail on Dec 26th, 2007...I felt the process was pretty timely considering some of the dismal stories I've heard, the most frustrating part was having absolutely NO IDEA where my claim was during the interim period, regardless of IRIS queries or 1-800 calls.
I submitted 32 separate items on my claim, figuring I'd go for broke while everything was still fresh and I had the inclination to comb thru my SMR on active duty. I received 80% SC for the first 10 items; 30, 20, 10, 10, 10, 10, 10, 10, 10, 10. Then 0% SC for the next eleven items I claimed, then NSC/denied for the remaining 11 issues.
This was literally done in order as if someone saw the big ol' claim and said "hell, lets give him the first 10 and maybe he won't bother with the rest"...
I'm rather thankful for the 80%, apart from the $ which is much needed, I understand I now have access to medical care whether the problem is SC or not because I'm over 50%, which was my major concern.
What I'd like advice on is whether I should leave well enough alone or perhaps get an IMO for the remaining items??? There's plenty of documentation in the record but I really don't know what more I could expect...many of the conditions are probably masked by others.
For example, the 2nd item (20%) is for Cervicular Radiculopathy with Myelopathy due to traumatic C-spine degenerative disk disease status post cervical fracture...
but item #32 (NSC) is Residuals of Multiple Brain Concussions (closed head injuries) even though it's well documented and they even say so in the letter, but I don't know which one causes some of the problems - more than likely it's a cumulative combination.
It's as if they gave up rating after the first ten items.
I'm not bucking for dollars here, as long as I can be treated I hope I'm going to be ok...and I certainly don't want the VA tinkering with stuff unless it's absolutely required.
any thoughts or experience with such a situation???
best regards,
One-Zero
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