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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 rating
Picked 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.
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Lemuel, -
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Question
carlie
DTG 121305Z NOV 02
FROM: CDRPERSCOM//TAPC-PDO-PA//
TO: AIG 7406
INFO: ARSTAF
SUBJECT: SECOND AND SUBSEQUENT AWARDS OF THE COMBAT INFANTRYMAN AND COMBAT MEDICAL BADGES
A. PARAGRAPHS 8-6 AND 8-7, AR 600-8-22, 25 FEB 95.
B. HQ, PERSCOM MESSAGE, DTG 051639Z DEC 01, SUBJ: DELEGATION OF
WARTIME APPROVAL AUTHORITY-OPERATION ENDURING FREEDOM.
C. HQ, PERSCOM MESSAGE, DTG 280842Z MAR 02, SUBJ: AWARD OF THE
COMBAT INFANTRYMAN BADGE [CIB] AND COMBAT MEDICAL BADGE
[CMB]--OPERATION ENDURING FREEDOM.
D. CHAPTER 29, AR 670-1, WEAR AND APPEARANCE OF THE ARMY UNIFORMS
AND INSIGNIA, 1 JUL 02.
1. EFFECTIVE 5 DEC 01, OPERATION ENDURING FREEDOM BEGAN THE 4TH
CONFLICT QUALIFYING FOR AWARD OF THE COMBAT INFANTRYMAN BADGE AND THE COMBAT MEDICAL BADGE. THE VIETNAM ERA (3D CONFLICT) TO QUALIFY FOR THE CIB/CMB) WAS OFFICIALLY TERMINATED ON 10 MAR 95.
2. WORLD WAR II AND THE KOREAN WAR WERE THE 1ST AND 2D CONFLISTS
QUALIFYING FOR AWARD OF THE CIB AND CMB. THE VIETNAM ERA (3D
CONFLICT) INCLUDE THE OPERATIONS/WARS LISTED BELOW. SOLIDERS WHO
QUALIFIED FOR AWARD OF THE CIB OR CMB FOR ANY OF THESE OPERATIONS ARE RECOGNIZED BY ONE AWARD ONLY REGARDLESS OF WHETHER THEY SERVED ONE OR MULTIPLE TOURS IN ANY OR ALL OF THESE AREAS.
A. VIETNAM CONFLICT, 1 MAR 61 TO 28 MAR 73
B. LAOS, 19 APR 61 TO 6 OCT 62
C. DOMINICAN REPUBLIC, 28 APR 65 TO 1 SEP 66
D. KOREA ON THE DMZ, 4 JAN 69 TO 31 MAR 94
E. EL SALVADOR, 1 JAN 81 TO 1 FEB 92
F. GRENADA, 23 OCT TO 21 NOV 83
G. PANAMA, 20 DEC 89 TO 31 JAN 90
H. PERSIAN GULF WAR, 17 JAN 91 TO 11 APR 91
I. SOMALIA, 5 JUN 92 TO 31 MAR 94
3. SECOND AND SUBSEQUENT AWARDS OF THE CIB OR CMB ARE INDICATED BY SUPERIMPOSING 1 AND 2 STARS REPECTIVELY, CENTERED AT THE TOP OF THE BADGE BETWEEN THE POINTS OF THE OAK WREATH [sEE FIGURES 29-33 AND 29-35, REF D]. AS AN EXAMPLE, A SOLDIER WHO WAS AWARDED THE CIB OR CMB IN THE PERSIAN GULF WAR [3D CONFLICT] AND/OR SOMALIA [3D
CONFLICT] AND OPERATION ENDURING FREEDOM IN AGHANISTAN [4TH CONFLICT] WOULD WEAR THE CIB OR CMB WITH ONE STAR.
4. FOR AIG 7406, REQUEST WIDEST DISSEMINATION OF THIS MESSAGE.
5. POINTS OF CONTACT ARE MRS. KING OR SSG MIZNER AT DSN 221-9171,
COMM [703] 325-9171.
Carlie passed away in November 2015 she is missed.
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