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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
JoAnn
Hi all again. After receiving the letter stating that I was going to be denied my claim at the BVA I wrote all of you and you had excellent advice. However, based on what you all told me and what has happened I am very confused.
I filed my claim in the Reno Nevada Regional Office. My appeal was done through the traveling board. I finally got a C&P ordered from the BVA. It was returned for further clarification and the doctor for the C&P was in my favor and then stated it again for the BVA. The next thing I knew I received a letter from the Seattle Regional Office stating that my claim was going to be denied and gave me 30 days to respond. I sent them a copy of all of my specific evidence based on their denial. Today I called the AMC and was told that a decision was made on my claim and that it had been sent to the DAV Washington office for review. I was then told that the decision would be sent back to the AMC who would forward it to Reno Regional Office for disemination. My DAV officer here in Vegas told me that that was standard protocal and that it would take another two to three months for me to know what the decission was. So here are my questions:
1. The denial came from a rating board out of Seattle. I understood that my claim could not leave Washington once it had gone there.
2. The denial overturned the judges opinion. The judge found a service connection and that is why I finally got a C&P exam. In fact it was returned just to verify that the doctor also found a connection.
3. The denial went over the top in calling me a liar and stated that I did not have anything in my files to support the claim at all. That is when I sent them all of the evidence again, hilighted so they would not need to read it all but would see that I did fit within the guidlines of service connection.
4. The DAV in Washington is reviewing the decision for errors. Is this routine?
5. Reno will be the one to issue the decission. How can one office issue a decission from another office?
6. Is this really standard protocal?
I am becoming ill with stress over my claim. I want to contact my stated Senator to show him the letter from the Seattle office and how slanderous it was. Even my therapist said that the letter went over the top and was very disrespectful of who I am. I need to know if there were any rules broken by the VA in their handling of my claim. I have read where the claim should not have left Washington and I have also read where the rating board cannot overturn the decision of the BVA. Your advise please.
Respectfully,
Jo Ann
US Army
1974-1977
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