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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
JustPLS
I read this today on Military.com's newsletter (Copyright 2010 Tom Philpott) and hadn't heard it before. Has anyone else heard of this? I am paraphrasing a bit, but a link to the entire article is below.
Webb: Delay Agent Orange Claims, Stop Bigger Pay Raises
Sen. Jim Webb (D-Va) could become a new champion, for taxpayers, against what he perceives as excessive spending on a new wave of Agent Orange claims.
Webb risked the anger of thousands of veterans from that war when he won Senate approval last week of an amendment to block, at least temporarily, the Department of Veterans Affairs from paying new disability claims on three prominent diseases presumed linked to wartime herbicide exposure.
As many as 86,000 Vietnam veterans with ischemic heart disease, Parkinson's disease or B-cell leukemia are awaiting a final VA regulation to receive disability compensation based on a decision last fall by VA Secretary Shinseki of evidence linking these diseases with exposure to deadly defoliant used during the war.
VA officials not only have published interim regulations already but, for months, have been encouraging veterans stricken with these diseases, or their surviving spouses, to file new claims or re-file claims as soon as possible because benefits would be paid back to claim filing dates.
But Webb proposed, and senators accepted May 27, an amendment to the fiscal 2010 war supplemental funding bill (HR 4899) to limit spending on claims filed for these new presumptive Agent Orange diseases for 60 days. That will allow Congress time to study the VA decision and examine more closely the link found between these diseases and herbicide exposure.
What worries Webb, said one Capitol Hill source, is that, based on modest scientific evidence, VA could be paying claims on diseases that a large proportion of any population will contract through normal aging.
Webb's amendment language, if agreed to by the House, would invoke the Congressional Review Act which allows a funding freeze on any major government regulation or initiative so Congress can review the proposed changes. If in 60 days opposition strengthens and a majority of lawmakers will risk the wrath of expectant veterans with these ailments, Congress could pass a joint resolution to prevent a final regulation from taking effect.
a link to the entire article: http://www.military....00.html?wh=news
Edited by JustPLSPat
I wonder if I would have all the medical conditions that I have now if I had never joined the Army. I'm pretty sure the answer would probably be no. When I look around and see others my age who were not in the service, most of them look pretty healthy.
Do you think all the employees of the VA really understand that it is ONLY because we served that their positions even exist?
'67-'68 1st Cav, '69-'70 101st Abn
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