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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
ddm39142002navy
I have no new information to give them. Now after all this dialouge they are contradicting themselves by telling me my claim has to be cancelled and done over taking longer to continue my process
The VA ;intially told me that my process would not have to be started over because of the mistakes made by the office in moving my folder and canceling my CNP exam due to them tranfering my folder
I never asked anyone to move my claim so why was it moved and mishandled several times? I was in NJ they moved my claim ot NY while I was in the Montrose VA hospitalIs their a supervisor I can talk to and a phone number so I can call them and get assistance in the NY area if not who is the congressman of that district that can assist me
This is not acceptable that i have my claim reastablished when I was in the process of getting my claim exams done to going back to first base and starting over
I am a homeless veteran seeking assistance and I feel as though I am being given the runaroundHere is the letter; they wrote me from the Iris document
Dear Mr. Manning:<BR><BR>This is in response to your inquiry submitted January 2, 2009 regarding your claim for increase.<BR><BR>It is standard procedure to cancel all pending claims when a veteran's claim file is transferred to a different Regional Office of Jurisdiction (ROJ). The claim must always be established at the new ROJ. Re-establishing claims does involve re-scheduling exams in your new location if necessary. By moving your claim file to a different ROJ, your claim will effectively have to start over and it will take much longer to be completed. It is generally advised to remain in the same location until your claim is finalized. This helps to avoid complications with exams and completion of your claim.<BR><BR>The New York Regional Office is in possession of your claim file. Your claim for increase dated October 22, 2008 was cancelled due to transferring your file to a different ROJ. Your claim was not mishandled or lost. Our system reflects that your claim has been moved several times between New Jersey and New York. This is the cause of your exams being cancelled. The notification letter that you received advising you of your scheduled exam was sent out before it was cancelled. We do apologize for the misunderstanding. <BR><BR>The referral that we sent to the New York Regional Office was printed and given to the appropriate department to be developed and processed since your previous claim was cancelled due to the ROJ transfer. The referral included your request to re-schedule your exam before January 8, 2008. We cannot guarantee that this will occur within this time frame. The New York Regional Office will schedule exams once the claim is re-established. We have not received any new information from the Regional Office.<BR><BR>If there is a particular reason you need the exam scheduled before January 8, 2008 we are able to pass the information to the New York Regional Office. You may communicate the information via electronic inquiry or by calling our toll free number listed below.<BR><BR>
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