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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
VA denial of Hearing Loss as service connected.
After my e-mail I had a phone call from one of the Illinois State VA Representatives. There are some on my e-mail list and they also request information from time to time to help Veterans. Some I am in phone contact with. These are the state folks that actually try and help Veterans/Widows and get their valid cases approved against the despicable VA.
He suggested after we discussed some were approved and some disapproved that buddy letters would help in these situations for all artillery.
My point in my posting was if they are denying the worst of the worst then the smaller caliber would have no chance and it is all associated from the smallest caliber to the largest; especially hour after hour of rounds out in a single mission.
I e-mailed the one example of the concussion breaking Plexiglas on a chopper by just firing over it. One of my FDC officers wrote in and said after they were firing one of the batteries over an area it was ripping off the tin on the roofs from the concussion. They finally got permission when they were shooting in that direction to use another battery unless it was an emergency.
Question came in on the Marine ground troops on the perimeter on Carroll on their hearing loss. Yes I have had e-mails from them also. One of the officers said they really took an ear pounding on the perimeter, as we all did. Remembering the density of 175mm guns on Carroll and closeness to the perimeter. I believe even the aiming circles were reduced or very minimum because of the next gun. Plus the other arty on the same hill packed in like sardines of 105’s, 155’s. It is amazing that anyone was able to sleep.
Then a three star writes in that he could go to sleep on one side of the tent and concussion would move the cot across the floor and wake up on the other side of the tent.
Mention that to your doctors along with the dB levels and see if they will not write you a good letter of association based on known constant negative pressure waves at the level described and dB levels; along with buddy letters especially if they have already been approved and file an NOD with this despicable agency and copy your senators and congressperson.
I did not like the response on Dr. Phil “there is little to be done.”
The response by the Colonel on that show was accurate when he stated; until it is on National Media of them showing some of these VA folks walking out in handcuffs nothing is going to change.
Since the Attorney General and the federal prosecutors works for the president and the Executive Branch then it is doubtful anyone is going to be punished for lawlessness...EVER. In fact, they are doing the lawless work of the Executive Branch, when caught either allowed to retrire or promoted.
No there is much more our 'elected officials' can do to stop this agency and I am working on such issues now. They just have to have the guts to bring this agency and the Executive Branch to its knees on the issues. But then again at least 50% on the norm of our elected officials will support the executive branch efforts no matter how dismal they are for their own self preservation. So let us not make out as so many have said from our elected officials "there is little they can do."
Congressman Smith of New Jersey stood up for Veterans against the Executive Branch Philosophy and it cost him his VAC chairmanship and was kicked off the committee. Yet, we as Veterans did nothing in protest to stop it.
Instead we got Congressman Buyer for four years.
Not a good trade off.
Kelley
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