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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
mymissie
Well,I wrote to you about my Brother before. What the VA give him was a Pension,not comp. at all.They gave him 10% for hearing loss,but had to give him hearing aids,so that he could hear his Doctors told him. But he cannot get both,so they give him Pension w A@A, $596.an he gets SSD. He is completly Blind in one eye,because of the Doctors refusing to send him to Houston,instead they continued to put tons of drops in his eyes,causing his eye to turm soft-very painful. When they did allow him to go to Houston,the Doctor over there told him that they(DRS.) should have sent him to see her from the begaining! All she could do,was operate an cut in back of His eye to release the pressure caused by the Glocoma-thereby ending all sight in his eye. In the other eye,he has loss of most of his sight. He had to go to a local eye specialist,to get some glasses.( VA told him that there was No opening)for him to get glasses. THEY KNOW that they SCREWED UP BAD.
So I filed a NOD on his CLAIM,sent a statement from the GI who was there,when he had his first Heart problem,signed,@ Seal all proper. He had not seen my Brother,or have any idea where he was. Said in letter,that he though they they had Discharged my brother,medical. My brother had not understood that he was having trouble with his heart then or for 15-20 years latter. He stayed in the Army 9 years. Also letter from his wife,copies of the Armys) refusal to let him re-enlist becauce of his hearing Loss,as he could not do his job.
He recieved 0% disability-at that time,an never appealed it at that time.They also said that because he was In light Wepons Infantry. His Service show that he was in the Armord Calvary,while in Germany and stateside.So he got 0 for Tinnutis.
They also say that they have no proof of him being treated for frostbit while in Germany,thou we tried to get them,but unable.
#11 of the Decision states.( Entitlement to special monthly compensation based on aid and attendance/housebound is denied. ( Under your Entitlement Amount and Payment Start Date) Monthly Entitlement $596.00 for Pension granted with A@A/with one dependent.
Now what to do?
Do I file an 1151 claim(eye) loss of? and TORT at the same time? He has lung cancer,as I stated earlier,so he is worried about his wife,if he should die soon. I NEED HELP!!! Can I do this by Myself,with your help. He does not want a Lawyer! Tell you the truth,I am scared that I might screw up the works.
They also (forgot) to tell him,from 1992,that he even had Glaucoma. I found it in his his C-File.Getting all his records,last one is the one from Houston.
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