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"non Appeal Issue " Claim Finally Being Addressed
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Guest Berta,
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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.
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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
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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
Guest Berta
I wrote to the General Counsel two weeks ago on this-why not-
the VA should have given them the claim years ago-as it presents a "non appeal" issue that the Bonny V. Principi decision did not account for.
They did not account for me either---I questioned , as soon as it went into the CFR, the 2003 Bonny V Principi regs due to the status of Section 1151 claimants. They forgot about us.
The regs say ALL accrued benefits are now awarded to surviving spouses if death occurred after Dec 16, 2003.What about Sec 1151 death beneficiaries like me-
Rod could not hang on until Dec 16, 2003 because the VA "hastened"( as the award letter states) his death.
Therefore they owe me and all other Sec 1151 death beneficiaries ALL accrued benefits.
This is a legal non appeal issue- not a claim.It depends on a OGC decision.
I asked the OGC for an opinion on this -might as well- the VARO should have but didn't.They told me by letter in Jan that it was in "appeals" and I sure jumped on them over that.They were wrong.
They seem to have completed stuff on my AO claim, and are working on one of my CUES and then today I decided to call and the "non-appeal " issue is on their PC as of 3/10/06.
I guess they are going to put it all together-
They had completed mixed up my SMC CUE claim with the above Bonny V Principi claim and now
(guess they went to night school) they are beginning to comprehend these are two separate issues,filed separately and fully supported by evidence.
I am beginning to feel like I work for the VA-since last year I started telling them what to do and why- based on M21-1-their own job criteria and VA case law.
My brief spring break is over-I sure hope I dont have to keep explaining to them by mail what they are supposed to know and do-I dont have the time to keep playing their games-
However- there is a lot to be said for approaching a claim with-
what the claim is for, what the evidence reveals, what the regs say they will consider and do, and then telling them exactly what you expect.
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