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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
Budget Plan Welcome News for Veterans
WASHINGTON, April 28-"The spending blueprint lawmakers are expected to ratify this week is good news for our nation's veterans," said Disabled American Veterans National Commander Raymond E. Dempsey. "Not only does it provide a record increase for the Department of Veterans Affairs, it clears the way for much-needed legislation to ensure sufficient, timely and predictable funding for veterans health care." The House-Senate conference agreement provides $53.4 billion in appropriations for the VA, 11.7 percent above the 2009 level. In addition to a $5.6 billion increase for vital veterans programs, it would allow Congress to fund veterans medical care one year in advance. So, in addition to funding the VA's three medical care accounts in the fiscal year 2010 appropriations bill, Congress could also set the level of funding to become available at the start of the 2011 fiscal year. Bipartisan legislation to provide advance appropriations for veterans health care, a top priority for the DAV, has been introduced in both the House and Senate. An important provision in the budget agreement removes a procedural barrier to its enactment. The Veterans Health Care Budget Reform and Transparency Act (S. 423/H.R. 1016) would end funding delays that have plagued the VA when Congress has failed to pass appropriations bills on time. The legislation also would add needed transparency to the process as the Government Accountability Office would review and report on the VA's annual budget request. "This budget agreement signals that veterans are indeed a national priority" said Commander Dempsey. "And enacting the Veterans Health Care Budget Reform and Transparency Act would ensure that veterans, particularly sick and disabled veterans, have access to quality and timely health care." The DAV and the eight other members of the Partnership for Veterans Health Care Budget Reform, along with a growing coalition of military and veterans groups, former VA officials and hospital directors, and an overwhelming majority of American voters, all support legislation to approve VA's health care funding one year in advance. The Partnership for Veterans Health Care Budget Reform, which worked closely with the bill sponsors in drafting the legislation, is comprised of AMVETS, Blinded Veterans Association, Disabled American Veterans, Jewish War Veterans, Military Order of the Purple Heart, Paralyzed Veterans of America, The American Legion, Veterans of Foreign Wars and Vietnam Veterans of America. The 1.2 million-member Disabled American Veterans, a non-profit organization founded in 1920 and chartered by the U.S. Congress in 1932, represents this nation's disabled veterans. It is dedicated to a single purpose: building better lives for our nation's disabled veterans and their families.
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