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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
Rockhound
Like most of those here who have had to learn how to do things differently, I am no exception. I am not completely with the use of my legs and manage to get around my single wide mobile adequately enough and hobble around my yard with the aid of a canadian crutch, just so I don't fall flat on my face, which I have managed to do a time or two.
Anyway, the day was nice and I felt good, so I did a bit of work on my motorcycle and then decided to try and tackle starting my lawnmower, an hour or so later and several false starts and breaks to rest and catch my wind, I had to give up. Like me the lawnmower had been sitting around doing nothing for to long and could no longer stay running. Like my lungs, the carburator on the lawnmower needs a good overhaul, but unlike the carburator, my lungs need a whole lot more work and help getting them back, at least, in near good running condition.
When I said we must find a different way to do things, I forgot and tried of course, doing all this as if it were like always and now I am suffering for it. Not only do I find it hard sitting here typeing this, even the movement of my fingers hurt, dispite an added dose of pain meds, which I am aloud at times like this. I've gone an irritated every joint in my body, not to mention the connective tissue to my muscles, if not my muscles as well.
I bring this to all your attention so that as the good weather of spring and summer is upon us, don't find yourself overdoing it like I did, try to work up to more physical things you can do, take your time, rest more often then you think you should and keep yourself hydrated while you keep your Vitamin C and potassium levels up.
I even think my Cat Tom thinks I should take it easy for awhile, he's not pestering me to get up at 06:00 a.m. to fix his can food, settleing for his dry food in his self feeder until I get up later on.
I feel bad about not getting up to feed him when he meows for his morning meal, I miss how he insists on getting me up, it reasures me that all is right and I've made it through another night, not to mention that I know he has made it home after a night out catten around and picking fights with all the other tom cats in the neighborhood. LoL
So all, take it easy on yourselves unlike me and remember, even the slow tortus won in the end.
Rockhound Rider. :D
p.s. any sage home remedies for just the hands, I'd like for those not to hurt as much as the rest of me. LoL
Edited by RockhoundAre you a paranoid schizophrenic
if the ones you think are out to
get you, really are?
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