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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
Dave1433
Sorry that my first post caused some members to leave Hadit and that my first topic was closed but I really need help from some senior members of HADIT. Although I do not post much, I have been a member of HADIT since way prior to the new Hadit website in 2003.
In 2003 I filed my claims for Multiple Sclerosis. After the VA decision which missed my fatigue, ulcer and under rated right side disabilities, I filed a NOD telling the VA they missed my fatigue due to MS (causing me to only be able to work 25% of my time which is a 60% disability, ulcer due to meds 10%, and that my right side diabilities should be increased in rating from 20% and 10% to 40% and 20% respectively). The VA filed a SOC in 2006 leaving out all of these 3 new issues but granting me 70% for other MS issues it rated. (these other MS issues including blind in one eye are now rated at 90%). My VSO filed a form 9 later in 2006 with my appeal and all issues including fatigue, ulcer and increased right side disabilities were included. Later in 2006 the VA sent me to C&Ps for my fatigue, ulcer and increased rating for right side disabilities. The VA issued its decision and denied my fatigue, ulcer, and increaded right side disabilities (for BS reasons since all is well documented by VA doctors-they just did not read!!!). I filed a NOD for the denial of the 3 new issues, they VA filed a SOC and then that was it. My VSO said we did not have to file a new Form 9 because the issues of fatigue, ulcer and increased right side disabilities were already in the appeal to the 2003 decision. I even questioned him on it and he said "I have over 26 years experience in this and I know for a fact nothing else needs to be done." However, the recent BVA opinion I have says that the issues of fatigue, ulcer and right side increase are not in the appeal because there is an issue of untimeliness that must be adjudicated agian at the RO. It appears that under M21-1MR Chapter 5, Section E Section 24 (which was changed on Aug 19, 2005) "Handling New Issues Raised on a Substantive Appeal" say that there should have been a second Form 9 sent in for me to perfect my appeal for fatigue, ulcer and right side disabilities. My VSO will not call me back after 3 calls regarding this issue. I fear he is ignoring me because he messed up. I am advanced on the docket due to financial reasons, ready to move my kids into a shelter since the landlord is taking back his place and I cannot even get my VSO to call back and let me know if I am missing something here. Because these 3 issues would push my cuurent 90% rating into a 100% from 2003 it means well over $75K which will help payoff my debts for my kids owed health bills and back rent payments etc ect. I also pay over 15K a year (which I have to borrow) so I have insurance for my kids. I am covered under the VA but I cannot leave them uninsured.
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