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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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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
Berta
After this office was established I learned of its existence one day reading the 2009 VBM:
"Welcome to the Office of Survivors Assistance (OSA). We were established within the Department of Veterans
Affairs in December 2008 in accordance with Public Law 110-389.
OSA's main function is intended to be an advisor to the Secretary of the Department of Veterans Affairs on all
policies, programs, legislative issues and other initiatives affecting survivors and dependents of deceased veterans
and service members. In addition to advising the Secretary, we have assumed the following responsibilities:
Although we are not equipped or chartered to be a claims processing organization, we will assist wherever possible
in referring issues to the appropriate VA Department.
As we move forward, we are fully committed to staying in step with the needs of survivors and are prepared to take
on other roles as needed in order to remain a viable advocate for the VA survivor community.
We hope you wll find this site helpful. If you have suggestions about information you'd like to see on the website,
please contact us as OfficeofSurvivors@va.gov.
Jim Hanley
Director"
I referred Freespirit to them today but they are limited to what they can and cannot do- still to have widows/widowers claims monitored in some way might produce enough information to cause the VA to treat us survivors with more respect and more importantly - to treat our claims properly.
They told me they were going to monitor my claim-as they were stunned as to what my situation was-I have had no feedback on that since contacting them but have had letters and calls from OGC who did what they said they would do and my retro award is finally being authorized-9 months after the award letter came.My letters to the RO and faxes to the director for the proper monetary awards had been ignored and since it ionvolved a prior OGC matter, the OGC stepped in.
Maybe they (OSA) make the ROs aware they are monitoring claims that widows or widowers contact them about and through that -maybe the ROs will attempt to do those claims properly.
I dont know -I cant wait until this office publishes an annual report (I assume they would to justify what they do) and this report could reveal how lousy the claims process is for many DIC claimants.
Then again DIC claims need medical evidence,among other things and if these things were requested in the VCAA letter -and not supplied to the VA by the claimant , the OSA cannot alter any denial based on lack of medical evidence or proof of presumption etc.
They cant handle DIC claims but hopefully can ensure the DIC claim is handled properly by the VA and that DIC case law is properly followed in the process.
Getting the evidence rests solely with the DIC claimant and then the VA MUST consider it.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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