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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
allan
Vets fault VA independent living program
By Cristian Hernandez - Staff writer
Posted : Thursday Jul 17, 2008 5:52:08 EDThttp://www.armytimes.com/news/2008/07/mili...ing_VA_071608w/The Department of Veterans Affairs’ Independent Living Program is failing to adequately address the needs of severely disabled veterans, a House subcommittee was told Thursday.
Bruce McCartney, a former soldier, told the House Veterans’ Affairs economic opportunity subcommittee that the ILP is riddled with problems related to application delays, staffing shortages and limited spots in the program.
The ILP, created as part of VA’s Vocational Rehabilitation and Employment Services, is designed to provide severely disabled veterans with specialized medical and mental health assistance and training in independent living skills.
McCartney, who spent 17½ years on active duty, applied for the ILP in 2003 and was taken on what he called a “four year-nightmare.”
His application spent four years going from local case managers to counselors and regional and local headquarters until he finally began receiving assistance last year.
“ILP should service all eligible [veterans], and it should be faster,” McCartney said. “It should not take two to three years.”
Part of the problem is high demand; the ILP can serve only 2,500 veterans at one time. Veterans can stay in the program for up to 30 months.
Rep. John Hall, D-N.Y., said many severely disabled veterans have benefited from the program, but he also said he believes the cap on participants should be modified or removed.
Theresa Boyd, vocational rehabilitation consultant for Paralyzed Veterans of America, said case managers sometimes try to slow down the process for individual veterans to accommodate to cap. She said VA should hire more staff and remove the cap.
John Lancaster, executive director of the National Council on Independent Living, told lawmakers that the application process should take only about a month.
“VR&E should be the crown jewel of programs for disabled veterans,” said Rep. John Boozman, R-Ark. “While I am impressed with the overall program, I believe we must find ways to make improvements in performance assessment methods so that VR&E can be certain it is meeting the needs of disabled veterans
"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
http://www.angelfire.com/il2/VeteranIssues/
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