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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
halos2
So I file some claim in 06;never heard anything on it; then in 07filed ; denied in 08; NOD with DRO request; denied in 09; put in for reconsideration as problem is same SOC was used in original denial and in one after there was to be a DRO review...no DRO review but person copied the original SOC word for word and errors with % listed the same so played the waiting game again...waiting and got a call in 09 from a VSR and was told to fax her all the info...faxed as requested, she asks why no IU claim told her it was in 06, still waiting...
The reason I got the call was I called the 800# on a whim one day and complained about these issues and that person from Az notified my VARO, and this VSR told me Pres Obama told all VARO's to return calls to vets with major problems related to claims and to get these worked on quickly, so that is why this person called me...this person gave me the personal # too, to call with issues/concerns/questions...copy's faxed to her with other forms/evidence as prev sent...waiting
(she told me to put in the reconsideration as no DRO review/same SOC) So I get a call from her stating these claims are with a rater since 14 jan 10...give the rater till the 10th feb and call her back to let her know my outcome????
This whole scenerio sounds ridiculous to me but I followed what was advised to do.
Anyone else have such a conversation with a VARO employee?
Any others get same exact copy of SOC with same error % listed wrong on them?
BOTH?
Well I thought my other claim has been in Washington D.C. almost 2 yrs now and the problems I have had with my VARO...deceased...sever proposal...7 mths for personal hearing...8 mths to get a half-assed copy of the hearing...finally get % increase but main claim denied(after being dropped for not timely filing, however proved it was timely...they got pissed off because I requested double time allowed for personal hearing mths prior)denied...to BVA
What do you think...sound wishy washy doesn't it? But what do I have to lose...conventional way was ineffective, so why not try what was recommended too.
How do we EVER get the VA to read a claim throughly?? Never huh? Oh well just wishing...
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