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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
Continue Reading on HadIt.com-
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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
dav_marine72
Hi Everyone,
After getting turned down by social security twice I figured I couldn't wait the 1 year for the appeal because I needed money. I did appeal the case anyway because I haven't gone back to work as of yet. I had been waiting for my convalescent leave since March for my service connected back. I had filed for TDIU because this was my second surgery and I had a 3 level fusion done with cages, etc. So I start interviewing for positions. I have doubts I can even last an 8 hour day. I can't sit for more than 5-10 minutes without getting nauseous. I worked in the computer field for 14 years after 4 years in the Marines. Mind you prior to today my back from 20% ortho and 10 neuro. I worked the last 2-3 years taking oxycotins 3 times a day with ativan and buspar just to make it through. Once at home I needed to lat down and do nothing. I couldn't even pick my small children up. I was losing sleep, crying, and having anxiety / panic attacks for the last 6 years. Anyway to make a long story as short as I can I am service connected for the following:
Chronic Back Condition (since 1997) 20% ortho 10% neuro -------------- Just got a remand at the U.S. court
Mental (2nd to back) 50%
Asthma 30% on appeal for 60%
Right Foot 10% -------------- Just got a remand at the U.S. court
Left Foot 0% -------------- Just got a remand at the U.S. court
Chronic Right Testicle Pain (from the back) 0% -------------- Just got a remand at the U.S. court
High Blood Pressure (2nd to back) 0%
Eczema 0%
Appendectomy 0%
Total 80%
Gerd (2nd to service connected aliments) denied on appeal
Erectile Dysfunction (2nd to back) denied on appeal
I think that's all LOL.
So I'm scared I won't make it all day at work because I am still in unbelievable pain, get nausea sitting for more than 5-10 minutes and have massive multiple panic attacks. I also scream at my wife and kids when I have to do something that requires me to be standing or sitting. So my American Legion rep calls me today. We don't have the final letter yet but here was the local ROs decision:
March 12 (date of latest surgery) - July 12 2009 100% temp convalescent leave + S1 housebound status ???????????
May 8 2009 on - Total and Permanent disability with dependent benefits.
They denied me on an increase for high blood pressure, eczema, and service connection for gerd and erectile dysfunction. Now even though they stated in all correspondence about these issues that they could not change my back rating because it was under the courts jurisdiction they increased my back to 40% ortho. I don't get that one but hey its the VA right.
Here are my questions. My AL rep said it was unusual for the RO to give me total and permanent off the bat as this was my first time asking for TDIU. Is this true? What dependent or veteran benefits am I entitled to now? Does this mean they can never change my 100% rating????????? Will this help with my social security claim? My surgeon initally gave me a work status of no work what so ever from March 12 2009 - September 12 2009. The RO only gave me 4 months of convalescent leave March 12 2009 - July 2009. The reason I care is they gave me the housebound special monthy compensation which I never knew I rated and it was like $363 a month. So if I can get more convalescent leave I should get the SMC too right?
If anyone has experience with this please advise.
Thank you in advance.
USMC 1st Battalion 1st Marines 1st Marine Division 91-95
100% P&T
"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."
George Washington
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