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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 rating
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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.
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Lemuel, -
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Question
kookiebean2001
Anyone use a phyciatrist in a non post tramatic stress syndrome claim. Attorney says with my lack of sight, I would be surprised how much it effects other different areas of my life (for example my vision problems effect my social skills, learning, playing sports, etc.) My attorney wants to use a phyciatrist to help further my claim. I said ok until the phyciatrist quoted me $1500.00. Not sure if it's a waste of time and money.
Please no negative feedback necessary !
A man who won't die for something is not fit to live. Martin Luther King, Jr.
1. Faith is the ability to not panic.
2. If you worry, you didn't pray. If you pray, don't worry.
3. As a child of God, prayer is kind of like calling home every day.
4. Blessed are the flexible, for they shall not be bent out of shape.
5. When we get tangled up in our problems, be still. God wants us to be still so He can untangle the knot.
6. Do the math. Count your blessings.
7. God wants spiritual fruit, not religious nuts.
8. Dear God: I have a problem. It's me.
9. Silence is often misinterpreted, but never misquoted.
10. Laugh every day, it's like inner jogging.
11. The most important things in your home are the people.
12. Growing old is inevitable, growing up is optional.
13. There is no key to happiness. The door is always open.
14. A grudge is a heavy thing to carry.
15. He who dies with the most toys is still dead.
16. We do not remember days, but moments. Life moves too fast, so enjoy your precious moments.
17. Nothing is real to you until you experience it, otherwise it's just hearsay.
18. It's all right to sit on your pity pot every now and again. Just be sure to flush when you are done.
19. Surviving and living your life successfully requires courage. The goals and dreams you're seeking require courage and risk-taking. Learn from the turtle -- it only makes progress when it sticks out its neck.
20. Be more concerned with your character than your reputation. Your character is what you really are while your reputation is merely what others think you are.
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