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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
gp747
i filed a claim in 1971 and can only find two pages in my c-file one
is the denial and the other is some sort of diagnoses from va hospital
with a diagnoses of schizophrenic reaction schizo affective type and
alcohol addiction.
on the denial they ignored everything else but the alcohol and said was
due to own misconduct . how do you be schizo by your own will i think
i have reason to challenge this decision and have it vacated.
when i filed the claim was for nervous condition was not appealed at that
time. i later many years filed claim for same thing was denied and sent to
appeals denied there also.
i was homeless the first time and in a very unstable state the second time
and did not know laws about this stuff did not follow up did not know was
even being appealed.i have claims at varo now and will wait on outcome
but need to get prepared for any legal fight in case i am denied.
also when i was hospitalized in vietnam doctors made sure
on diagnoses was not due to own misconduct.
Lifting the Stay of Secondary claims for Alcohol and Drug abuse disabilities
What the Federal Circuit held in Allen
In Allen v. Principi, 237 F.3d 1368 (Fed. Cir. 2001), rehearing en banc denied, 268 F.3d 1340 (2001), the Federal Circuit found that 38 U.S.C. § 1110 permits a veteran to receive compensation for an alcohol-abuse or drug-abuse disability acquired as secondary to, or as a symptom of, a veteran’s service-connected disability. According to the Federal Circuit, section 1110 precludes compensation only in two situations: 1) for primary alcohol abuse disabilities; and 2) for secondary disabilities (such as cirrhosis of the liver) that result from primary alcohol abuse. The Federal Circuit defined “primary” as meaning an alcohol abuse disability arising during service from voluntary and willful drinking to excess.
Prospects for further litigation on Allen
A petition was filed at the Federal Circuit to request that the full court (en banc) rehear the Allen case. This rehearing request was denied. General Counsel has since worked with Compensation and Pension Service and the Department of Justice to determine the feasibility of appealing this case to the Supreme Court. The Department of Justice ultimately decided not to pursue further litigation.
The effect of this decision on the stay
Since the Allen litigation is now complete, the stay of these claims is immediately lifted. Adjudicating cases under the Allen decision means that veterans can obtain compensation for alcohol or drug-abuse related disabilities where the substance abuse is secondary to a service connected condition, such as a mental disorder. In addition, substance abuse may be a symptom of worsening of a service-connected condition resulting in a higher rating for that condition. It is up to the decision maker to determine whether an alcohol or drug abuse disability is actually caused by a service-connected disability.
All inquiries on filing or reopening a claim for the above mentioned disabilities should be directed to your County Veterans Service Office or to the Dept. of WI. VFW State Service Officer.
what i need to know is could it affect my 1971 claim
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