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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
free_spirit_etc
The following link gives contact info for filing Section 504 complaints for various federal agencies (discrimination on the basis of disability).
http://www.access-board.gov/enforcement/504.htm
The contact for the VA is:
Mr. Tyrone M. Eddins
External Affairs Program Manager
Department of Veteran Affairs
Office of Resolution Management
810 Vermont Avenue, N.W.
Washington, DC 20420
(202) 501-2800
tyrone.eddins@mail.va.gov
Interesting to note that discrimination can be intentional or unintentional. And failure to take someone's disability into consideration, and / or provide reasonable accomadation for the disability is included in discrimination.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
UNITED STATES OF AMERICA, )
Plaintiff, )
)
and )
)
)
TAYLOR HOME OF CHARLOTTE, INC. )
Intervenor-Plaintiff. ) CIVIL ACTION NO.
) 3:94-CV-394-MU
v. )
)
)
CITY OF CHARLOTTE, NORTH CAROLINA, )
Defendant. )
)
UNITED STATES' MEMORANDUM IN OPPOSITION TO DEFENDANT'S
MOTIONS TO DISMISS INTERVENOR'S
SECOND AND FOURTH CLAIMS
STATEMENT OF THE CASE
Individuals and entities who are injured by discrimination
on the basis of disability have standing under section 504 even
though they are not, themselves, individuals with disabilities.
In Sullivan v. City of Pittsburgh, 811 F.2d 171, 182 n. 12 (3d
Cir. 1987), cert. denied, 484 U.S. 849 (1989),
Section 504's protection extends not just to handicapped individuals who are direct participants in federally-funded programs or activities but also to those who are intended ultimate beneficiaries of such programs or activities. Under 504, discrimination on the basis of handicap is actionable upon a simple showing that discrimination has resulted in "a diminution of the benefits [a disabled individual] would otherwise receive from [a federally-funded]program." . . . In fact, the clear intent of Congress in enacting 504 was to make unlawful direct or indirect discrimination against any handicapped individual who would benefit from a federally-funded program or activity.
Title II's antidiscrimination provision employs expansive language, intended to reach all actions taken by public entities.
It states:
[N]o qualified individual with a disability shall, by
reason of such disability, be excluded from
participation in or be denied the benefits of the
services, programs, or activities of a public entity,
or be subjected to discrimination by such entity.
Title II's legislative history leaves no doubt that Congress
intended title II to cover every action taken in every forum in
which a public entity may function. The House Report states:
"The Committee has chosen not to list all the types of actions
that are included within the term 'discrimination,' as was done
in titles I and III, because this title essentially simply
extends the antidiscrimination prohibition embodied in section
504 to all actions of state and local governments." H.R. Rep.
No. 485 (II), 101st Cong., 2d Sess. 84 (1990), reprinted in 1990
U.S.C.C.A.N. 303, 367 (emphasis added). The House Report
emphasizes the broad coverage of title II later, stating: "Title
II of the bill makes all activities of State and local
governments subject to the types of prohibitions against
discrimination against qualified individuals with a disability.
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