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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
carlie
https://www.hrc.army.mil/site/active/tagd/awards/index.htm
Active HRC Home About US Contact Active Reserve EREC My Record Search
Personnel Service Support Division
Cold War Certificate Program
In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of
Defense approved awarding Cold War Recognition Certificates to all members of the armed forces and qualified
federal government civilian personnel who faithfully and honorably served the United States anytime during the
Cold War era, which is defined as Sept. 2, 1945 to Dec. 26, 1991.
This is the only official site on which to request Cold War Recognition Certificates. This site is operated by the United States Army, the executive agency for the Cold War Recognition Program. Cold War Recognition
Certificates are available to qualified individuals at no cost. Any other site offering these certificates or
replicas for sale or purchase are not official sites and are not approved or endorsed by the US Army.
Due to the remarkable success of this program, turn-around time for mailing certificates will be a minimum of 2 months. The CWRS Operations Team is working as fast as possible to clear the backlog. Please do not
request feedback prior to 2 months from the request date. Thank you for your patience and interest in the
Cold War Recognition program.
Who is eligible?
All members of the armed forces and federal government civilian
personnel who faithfully served the United States during the Cold
War era, Sept. 2, 1945 to Dec. 26, 1991. Individuals requesting
a certificate will certify that their character of service was
honorable. Acceptable supporting document for proof of service
is any official government or military document with recipient's
name, Social Security Number or Military Service Number or
Foreign Service Number, and date of service.
Apply for the Certificate
Frequently Asked Questions
Preview Certificate
Phone Line: (703) 325-5864
Fax: 1-800-723-9262
Email: cwrs1@hoffman.army.mil
Address:
U.S. Army Human Resources Command
Cold War Recognition Program, Hoffman II, Room 3N45
ATTN: AHRC-CWRS
200 Stovall Street
Alexandria, VA 22332-0473
PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C. 3013, Secretary of the Army; Public Law 105-85, Fiscal Year 98, National Defense Authorization Act; and Executive Order 9397.
PRINCIPAL PURPOSE: To secure sufficient information from the individual so to determine eligibility and to process the individuals' requests for the Cold War Recognition Certificate.
ROUTINE USES: Information is used for official purposes within the Department of Defense; specifically, to process requests for Cold War Certificates. This information may be used in accordance with established Routine Uses for all Department of Defense and Department of the Army system notices.
DISCLOSURE: Disclosure of the Social Security Number and other personal information is voluntary. However, failure to provide complete information may hinder proper identification of the requester, and may prevent the agency from determining eligibility of the requester for the certificate.
I JUST CAN NOT BELIEVE ALL THE LINKS AND MILITARY INFORMATION AVAILABLE TO JOHN Q PUBLIC --- CHRIST< BETWEEN THE INSTANT ACCESS OF THE MEDIA
AND ALL OF THE CYBER INFORMATION __ YOU CAN FIND OUT NEAR ABOUT ANYTHING. SOME REALLY GREAT LINKS HERE IF YOU WANT TO RESEARCH
LONG ENOUGH.
carlie
Carlie passed away in November 2015 she is missed.
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