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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
N4XV
After 20 years of no significant improvement. Since the announcement of IHD to become a presumptive my heart condition has gotten better.
All these tests were performed at the same VAMC
From Chemical Stress Test study performed on 01/27/05.
Impression:
1. Abnormal adenosine myocardial perfusion scan.
Nontransmural infarction of the inferior wall from apex to base
with potential ischemia of the residual viable myocardium
primarily in the apical half of the infarct zone. Potential
ischemia in the adjacent inferolateral wall from apex to base.
2. Mildly depressed resting left ventricular systolic function
with an ejection fraction of 46%. ( I figure this impression to be worth at least a 60% rating)
From Chemical Stress Test study performed on 11/14/2008.
Impression:
1. Abnormal adenosine myocardial perfusion scan. Potential
ischemia in the inferior, inferolateral, and lateral walls from
apex to base superimposed on inferior wall scar with an element
of post stress "stunning" in the potentially ischemic zone.
However, findings are similar to hard copy images of previous
study performed on 01/27/05.
2. Globally reduced left ventricular systolic function with an
ejection fraction of 42-45%. ( I figure this impression to be worth at least a 60% rating)
From ECHO-DOPPLER REPORT (Echocardiogram) performed on 01/07/2010 for a C&P exam in connection with my recent IHD claim under the new AO presumptive.
Impression:
LV systolic function is preserved. Estimated ejection fraction is 50-55%.
LV wall thickness shows mild concentric left ventricular hypertrophy.
LV wall motion abnormality was noted, suggestive of CAD.
Grade II diastolic dysfunction is present
( I figure this impression to be worth no more than a 30% rating)
I also had an Electrocardiogram (EKG) performed on 03/05/2010 that said - Abnormal EKG and possible Inferior Infarction. But the VA cardiologist said my heart condition had improved since 11/14/2008 yet warranted an increase in dosage of two of my heart meds.
Before 1991 I had 4 heart attacks and a triple bypass. Now since there has been no real changes in my life style or improvement shown in my heart condition for the past 19 except for a Transient Ischemic Attack (TIA or silent stroke) in Feb. of 2008 it makes me wonder if the powers that be in the claims part of the VA are somehow influencing the interpretations of tests and exams for new IHD claims under the new presumptive due to AO exposure.
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