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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
Dean
I went to a C&P for my depression the other day. I do not think that it went that good at all. I have considered that all of my service connected disabilities have caused my depression and my depression is getting worse. The Psychiatrist did not want to hear about all of my service connected illnesses and why they caused me to be depressed. I was even stopped several times while I was describing my problems to him. He told my in the end that he was going to only look through my military records for signs of depression, and that was all that he was going to consider. I could not get it through his thick head that I would not be so depressed if I was not disabled because of my service connected illnesses. My back was hurt (2 Back Surgeries since the military) in the Navy along with Carpal tunnel syndrome, 2 Hernia surgeries during service - 1 after service, and at that time the doctor cut a nerve causing E.D. problems. Lung problems that the military has not even considered service connected yet, - filed but not look at yet because of other things pending. Sinusitis, Rhinitis is service connected. My service connected problems equal 80% but only add up to 60% as per V.A. math. I am trying for T.D.I.U. as well as other things that they have not even worked as of yet. I hate the way that they can't work all of my cases at one time. I have put in for about 10 things at one time and some are even N.O.D'S. They have not bothered working those in Atlanta yet because the B.V.A. has been sitting on another case for 2 years. My Psychologist / Social Worker is trying to get my to stop letting me make the V.A. system run my life. I can't help it though. I can't give up the fight. I can't get to the point that I want to kill myself, because I am so depressed either. I am seeing her every week now, because my depression is so bad. She is helping me to think positive about my life but this C&P is going to drive me crazy until I see what the verdict is. I do not expect anything good to come out of it because I only have one time that I went to medical for depression. Then on my separation physical I checked off Depression and Excessive worry. The separation physical should account for something. It was never followed up and I ended up getting put into the mental ward a couple of years later at the V.A.. They put that visit down in my records as just marital problems instead of depression that caused marital problems. Then some xxxxxxx put in my records a few years later that I had personality problems ( the V.A. does not compensate for that). I just needed to vent. Maybe someone has something good to say to me that might get my hopes up. Don't do it unless you have a law to back it up though.
I HAVE BEEN ON THIS VETERANS SITE SINCE THE BEGINNING AROUND 1997, This site has had many changes. All of the changes have been for the good of the site. T-Bird does her best to keep Veterans informed. This is the best Veterans Discussion Board on the Internet. I wish I was able to be on here as much as I used to be. The amount of post that it shows that I have made does not go back to when the site started. T-Bird had no idea that this site would ever get as big as it has grown. She is a big inspiration for a lot of Veterans. If it were not for this site, a lot of Veterans would not have ever had their claims won..QUOTEHelp a Veteran any time that you can. They need to be informed of the claims process...
E-mail.. dean@help-a-veteran.com
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