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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
Rockhound
The following is a part of the write up of the discussion I had with the Individual who conducted my Neuropyschiatric testing, on the results of this testing: and a summery of those test results.
“I met with Mr.XXXX on 7/2/08 to discuss the results of neuropsychological testing. We again discussed his history of having successful performance in the military prior to the time that he was hospitalized in a military hospital and sustained an injury to his nose. With possible frontal lobe linjury. Mr. XXXX has been frustrated over the years that he has not been able to secure service connected disability. This has been based on the past diagnosis by a ratings examiner (1974) of a Personality Disorder."
"It is my opinion that if Mr. XXXX has a personality disorder, it is most likely an Organic Personality Disorder stemming from the brain injury in 1973. Neurology notes from that time document the neurologist’s opinion that EEG findings indicate some degree of frontal lobe pathology. Personality changes are frequently noted after a frontal lobe injury and they can be even more disabling and prominent than cognitive changes.”
(The examiner has a Phd. Since she is working with the psych teem, I am assuming she is a psychologist}
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DIAGNOSTIC SUMMERY:
1. Mr. XXXX is attention and memory abilities are basically intact. Test scores show significant executive dysfunction.
2. Given the course of history, it is possible that the deficits found represent the sequelae of the brain injury he sustained during the military service. Changes in mood and personality functioning may represent an Organic Personality Disorder stemming from the brain injury. Military records show that his performance prior to the injury was satisfactory.
3. Mr. XXXX has numerous , chronic health problems that impact negatively on his physical and cognitive Functioning.
When I went to this testing, I provided the examiner with documents of my schooling and personnel evaluation during service, along with other supporting documents that showed I had no problems in service, that my problems only began after my acute psychotic episode and the minor cerebral concussion. The paper trail history supports this and the abnormal EEG test support some type of frontal lobe injury. It’s a known fact that the frontal lobe region of the brain controls ones personality.
Not that I’m going to be over joyd to find anything possiiv, but I hope my upcoming EEG test and MRI show some indication of the injury I sustained to my frontal lobe. I won’t be holding my breath, since these tests do not always show problems, when in fact there is.
Just thought I would clarify what I have been saying about my neuropsychiatric test results and the evidence that supports me reopening my claim for the TBI/Cerebral Concussion..
EEG and MRI pending, and final report from Neurologist on their findings.
I also have a statement from one of my prior treating Psychiatrists basically stating that have observed me over a period of time she can conclude that I do not have any personality disorder that meets the standards of the DSM IV. Which goes toward supporting that any personality disorder I might have, is more likely to be the results of the TBI. (still trying to locate the progress notes, since my filing process is sorely lacking in orginzation.)
Any recommendation on what other areas I should cover to support my claim would be most helpfull
Are you a paranoid schizophrenic
if the ones you think are out to
get you, really are?
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