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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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Picked By
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
Picked By
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”-
- 0 replies
Picked By
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 rating
Picked 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
Berta
"Kyle,
I'm passing your request along to some editors for publishing.
I'm also going to put you in contact with my friend Jeff Lofton of
the Veterans History Project at the Library of Congress American
Folklife Center in Washington D.C. Be sure to visit that site at
www.loc.gov/vets
I'm including Berta of http://hadit.com in this too so that she may
consider posting your request there.
Good luck!
Jim
2008/7/20 kyle nappi <knap607@yahoo.com>:
> 7/20/08
>
>
>
> Hello. My name is Kyle Nappi. I am 18 years old and I live in Ostrander,
> Ohio ( USA ). I was wondering if you could do me a favor.
>
>
>
> I have a big interest in history, specifically WWII. I collect military
> medals, patches, badges, insignia, field gear, and a very unique thing,
> veteran autographs. I have a collection of autographs from military veterans
> who served during WWI, WWII, Korea , Vietnam , Gulf War, and the present war
> in Iraq .
>
>
>
> I have been interested in history for over 6 years now, and I have collected
> the autographs and stories from nearly 1,600 veterans in 20 countries. The
> oldest veteran is currently 112 years old and the youngest enlisted at age
> 14. I have autographs from Pearl Harbor survivors, D-Day veterans, airman,
> POWs, USS Indianapolis survivors, Holocaust survivors, and even German
> soldiers!
>
>
>
> Back in June (of 2007), I was interview by PBS, to talk about my collection
> for an interview that was to be shown online (
>
> YouTube). After that, I was interviewed for "The Columbus World War II
> Roadshow." They mentioned that it was to come on (in Central-Ohio) before
> some of the episodes of Ken Burns' "The War." You can find this interview on
> YouTube under "Kyle Nappi."
>
>
>
> I was recently interviewed by the American Legion for an article that will
> appear in their August magazine. Here is an internet link to the online
> article (different than the magazine article, which will appear in August)
>
> http://www.legion.org/whatsnew/publication...er/story?id=635
>
>
>
> There have been several other people have taken the time to post my request
> online and in newspapers. There are too many for me to list, but if you go
> to
>
> Google or Yahoo and search "Kyle Nappi" you can find most of them.
>
>
>
> Recently, I also had the privilege of going to Washington, D.C. during the
> early part of March. I was invited to the Pentagon for a Ceremony honoring
> WWI veterans. I was able to meet with the last American WWI veteran, Frank
> Buckles.
>
>
>
> I have attached a questionnaire with this E-mail. It includes some basic
> questions I have for military veterans about their service time. I was
> wondering if it is possible to provide any veterans (who are interested)
> with my questionnaire, put me in touch with them, or pass along the word
> about my collection. If possible could they print off the questionnaire,
> autograph it, and mail it to me for my collection (my address is below).
> Please let me know if this is possible.
>
>
>
> If not, is it possible to post my request?
>
>
>
> My main purpose for writing it to share with you that there are people from
> my generation who do remember the past and the sacrifices that were made for
> our great country. I would greatly appreciate it if you could pass the word
> around that there are people who remember, along with the information about
> my collection. Thank you very much for your time.
>
>
>
> Sincerely,
>
>
>
> Kyle Nappi"
>
>
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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