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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
Capt.
Hello All,
Ok,,,, I am going to get more IMO's from several doctors. I already have at least 3 . Most of the Hadit group know the importance of IMO's as well as myself. It is not illegal for a veteran to write an IMO for a doctor for him/her to sign as long as the doctor agrees with it and it is factual and supported by evidence/test. It is his or hers opinion. For the sake of helping me and others who will or are at some point going to get an IMO lets hear from some of you who have had success on the their SAMPLE type IMO that is PROVEN to work or has already succeeded in RO or BVA cases in the past. OR EVERYONE GET TOGETHER AND COME UP WITH A NEXUS THAT IS JUST GOING TO KNOCK THE VA OUT COLD WITH NO WIGGLE ROOM. Also the legal phraseology of the nexus with the ever important acceptable terms such as .....
1."is due to"= 100%
2."more likely than not"= greater than 50%
3."at least as likely as not"= equal or greater than 50%
WHICH ONE IS THE BEST to use for VA , RO, DRO, BVA, COVA, APPEALS.
I have used the bottom one but my IMO's have also said "AS least as likely as not" without the AT least as likely as not". Is this a legal problem and grounds for the VA to ignore IMO?
I believe this to be a great help to the Veterans and I am in the process of writing an Independent Medical Opinion (IMO) or in this case a Medical Opinion(MO) for my VA doctor and several more to sign , which they have agreed to...... I almost had heart failure when I asked and got a yes they would sign it , even when I said I would word it for them.......
OK HADIT family here it is ......plain and simple..... THE BIG GREEN LIGHT.....
SO Everyone can play this one ....what works and what is best? The Veteran writes the IMO/MO and the Doctor agrees to the wording and opinion and signs it.
Lets see what some sample letters that are indefenseable by the VA , should look like from some of the successful Vets here.
Any VA lawyers out there reading this..... PLEASE write a sample letter that will
win in the BVA / COVA Appeals process. Or for that matter even an initial decision.
Lets please try and keep this to the main points ....
Best legal phraseology of the 3 choices and why.
Sample IMOS from members here at Hadit that will propel the claim in a favorable ruling by the VA.
You can write one up that has not been submitted to the VA , so if everyone writes one we can glean and use bits and pieces and come up with one that will be great for Veterans wanting to get their IMO or even VA doctor to use.
This should be interesting and beneficial not just to me but to all Veterans.
Thanks again to our family here at Hadit.....
NEVER GIVE UP .....God Bless,,,,,,C.C.
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