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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.- 4 replies
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RichardZ, -
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
spike
As a Veteran Advocate and Chapter Service Officer, I get asked countless times what is that Form your filling out? What is that form so I know. So here is some of the basic forms. Maybe this will be useful for some. If I can be of help let me know.
(Added by Tbird) Here is the link to the VA Website for forms, you can put in the form number or search through their list http://www.va.gov/vaforms/
General Admin
20-572 Change of Address Form/Cancellation of Direct Deposit.
20-5655 Financial Status Report
Comp & Pen
21-22 POA
21-0304 App for Spina Bifida Benefits
21-0510 Eligibility Verification Report Instructions
21-0514-1 Parent's DIC Eligibility Form
21-526 App for Vet Comp and Pen
21-527 Income-Net Worth and Employment Statement
21-530 App for Burial Benefits
21-534 App for DIC, Death Pension Accured Benefits by a Surviving Spouse or Child
21-535 App for DIC by Parents
21-601 App for Reimbursement From Accrued Amts Due to a Deceased Beneficiary
21-674 Request for Approval of School Attendance
21-686c Declaration of Status of Dependents
21-2008 Application for US Flag for Burial Purposes
21-4138 Statement in Support of Claim (For Comp)
21-4142 Authorization and Consent To Release Info to the VA
21-4502 App for Automobite or Other Adaptive Equip
21-4703 Fiduciary Agreement
21-6753 Original or Amended DIC Award
21-8416 Medical Expense Report
21-8678 App for Clothing Allowance
21-8940 Veteran's Application for Increased Comp Based on I/U
21-8951-2 Notice of Waiver of VA Comp or Pension to Receive Military Pawa and Allow.
Education
21-1990 General App for VA Ed Benefits
22-1990t Application and Enrol Certification for Individualized Tutorial Assist.
22-1995 Req for Change of Program or Place of Training
22-5490 App for Survivors and Dep Education Asst
22-5495 Request for Change of Program for Survivor or Dep
22-6553c Monthly Certification of Flight Training
22-8690 Time record (Work Study Program)
22-8691 App for Work Study Allowance
22-8873 Supplemental Information for Change of Program, Re Enrollment after UnSat Att, Conduct, or Progress
Home Loan
26-0826 VA Loan Summary Sheet
26-0503 Federal Collection Policy Notice
26-0592 Counseling Checklist for Military Homebuyers
26-1802a HUD/VA Addendum
26-1814 Batch Transmittal Loan Code Sheet
26-1817 Request for Determination of Loan Guaranty Eligiblity-Unremarried Surviving Spouse
26-1820 Report of Certication of Loan Disburse
26-1839 Compliance Inspection report
26-1847 Request for Postponement of Offsite Improvements Home Loan
26-1852 Descript of Materials
26-1880 Request for A Certificate of Eligibility for VA Home Loan Benefits
26-6382 Statement of Purchaser or Owner Assuming Seller's Loan
26-6393 Loan Analysis
26-6684 Statement of Fee Appraisers
26-6705 Offer to Purchase and Contract of Sale
26-6705b Credit Statement of Prospective Buyer
26-6807 Financial Statement
26-8630 Manufactured Home Loan Claim
26-8712 Manufactured Home Appraisal report
26-8736a Non Supervised Lender's Nomination and Recommendation of Credit Underwriter
26-8791 VA Afirmative Marketing Cert
26-8812 VA EEO Lender Cert
26-8937 Verification of VA Benefit Related Indebtedness
Voc Rehab
28-1900 Disabled Vet App for Voc Rehab
28-1902 Counseling Record Personal Info
28-1902n Counseling Record Personal Info Narrative
28-8872 Rehabiliation Plan
28-8872a- Rehab Plan Continuation Sheet
28-8890 Important Info about Rehab
VA Insurance
29-336 Designation of Beneficiary Government Life Insurance
29-1546 App for Cash Surrender Value/ App for Policy Loan
29-4125 Claim for One Sum Payment
29-4364 App for SC Disabled Insurance
Finance Budget Forms
24-0296 Direct Deposit Forms
24-5281 App for Refund of Education Contributions-VEAP
Misc Forms
DD 149 App for Correction of Mil Record
DD214 Report of Seperation from Active Duty
D293 Application to Review the Discharge
SF 15 App for 10 Pt Preference
SF 180 Request Pertaining Mil Records
VAF 8 Certification to Appeal
VAF 9 Appeal to Board of Veterans Appeals
VAF 4107 Notice of Procedural Appellate Rights
VAF 4107b Notice of Procedural Appellate Rights in Spanish
40-1330 App for Standard Government Headstone
-Spike-
Vet Advocate
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