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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
mssoup1
VETERANS' DISABILITY BENEFITS COMMISSION
Pub. L. 108-136, div. A, title XV, Nov. 24, 2003, 117 Stat. 1676,
provided that:
"SEC. 1501. ESTABLISHMENT OF COMMISSION.
"(a) Establishment of Commission. - There is hereby established a
commission to be known as the Veterans' Disability Benefits
Commission (hereinafter in this title referred to as the
'commission').
"( Membership. - (1) The commission shall be composed of 13
members, appointed as follows:
"(A) Two members appointed by the Speaker of the House of
Representatives, at least one of whom shall be a veteran who was
awarded a decoration specified in paragraph (2).
"(B) Two members appointed by the minority leader of the House
of Representatives, at least one of whom shall be a veteran who
was awarded a decoration specified in paragraph (2).
"© Two members appointed by the majority leader of the
Senate, at least one of whom shall be a veteran who was awarded a
decoration specified in paragraph (2).
"(D) Two members appointed by the minority leader of the
Senate, at least one of whom shall be a veteran who was awarded a
decoration specified in paragraph (2).
"(E) Five members appointed by the President, at least three of
whom shall be veterans who were awarded a decoration specified in
paragraph (2).
"(2) A decoration specified in this paragraph is any of the
following:
"(A) The Medal of Honor.
"(:( The Distinguished Service Cross, the Navy Cross, or the
Air Force Cross.
"© The Silver Star.
"(3) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
"(4) The appointment of members of the commission under this
subsection shall be made not later than 60 days after the date of
the enactment of this Act [Nov. 24, 2003].
"© Period of Appointment. - Members of the commission shall be
appointed for the life of the commission. A vacancy in the
commission shall not affect its powers.
"(d) Initial Meeting. - The commission shall hold its first
meeting not later than 30 days after the date on which a majority
of the members of the commission have been appointed.
"(e) Meetings. - The commission shall meet at the call of the
chairman.
"(f) Quorum. - A majority of the members of the commission shall
constitute a quorum, but a lesser number may hold hearings.
"(g) Chairman. - The President shall designate a member of the
commission to be chairman of the commission.
"SEC. 1502. DUTIES OF THE COMMISSION.
"(a) Study. - The commission shall carry out a study of the
benefits under the laws of the United States that are provided to
compensate and assist veterans and their survivors for disabilities
and deaths attributable to military service.
"(B) Scope of Study. - In carrying out the study, the commission
shall examine and make recommendations concerning the following:
"(1) The appropriateness of such benefits under the laws in
effect on the date of the enactment of this Act [Nov. 24, 2003].
"(2) The appropriateness of the level of such benefits.
"(3) The appropriate standard or standards for determining
whether a disability or death of a veteran should be compensated.
"© Contents of Study. - The study to be carried out by the
commission under this section shall be a comprehensive evaluation
and assessment of the benefits provided under the laws of the
United States to compensate veterans and their survivors for
disability or death attributable to military service, together with
any related issues that the commission determines are relevant to
the purposes of the study. The study shall include an evaluation
and assessment of the following:
"(1) The laws and regulations which determine eligibility for
disability and death benefits, and other assistance for veterans
and their survivors.
"(2) The rates of such compensation, including the
appropriateness of a schedule for rating disabilities based on
average impairment of earning capacity.
"(3) Comparable disability benefits provided to individuals by
the Federal Government, State governments, and the private
sector.
"(d) Consultation With Institute of Medicine. - In carrying out
the study under this section, the commission shall consult with the
Institute of Medicine of the National Academy of Sciences with
respect to the medical aspects of contemporary disability
compensation policies.
"SEC. 1503. REPORT.
"Not later than 15 months after the date on which the commission
first meets, the commission shall submit to the President and
Congress a report on the study. The report shall include the
following:
"(1) The findings and conclusions of the commission, including
its findings and conclusions with respect to the matters referred
to in section 1502©.
"(2) The recommendations of the commission for revising the
benefits provided by the United States to veterans and their
survivors for disability and death attributable to military
service.
"(3) Other information and recommendations with respect to such
benefits as the commission considers appropriate.
"SEC. 1504. POWERS OF THE COMMISSION.
"(a) Hearings. - The commission may hold such hearings, sit and
act at such times and places, take such testimony, and receive such
evidence as the commission considers advisable to carry out the
purposes of this title.
"(B) Information From Federal Agencies. - In addition to the
information referred to in section 1502©, the commission may
secure directly from any Federal department or agency such
information as the commission considers necessary to carry out the
provisions of this title. Upon request of the chairman of the
commission, the head of such department or agency shall furnish
such information to the commission.
"© Postal Services. - The commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
"(d) Gifts. - The commission may accept, use, and dispose of
gifts or donations of services or property.
"SEC. 1505. PERSONNEL MATTERS.
"(a) Compensation of Members. - Each member of the commission who
is not an officer or employee of the United States shall be
compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
performance of the duties of the commission. All members of the
commission who are officers or employees of the United States shall
serve without compensation in addition to that received for their
services as officers or employees of the United States.
"(B) Travel Expenses. - The members of the commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the commission.
"© Staff. - (1) The chairman of the commission may, without
regard to the civil service laws and regulations, appoint an
executive director and such other personnel as may be necessary to
enable the commission to perform its duties. The appointment of an
executive director shall be subject to approval by the commission.
"(2) The chairman of the commission may fix the compensation of
the executive director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section 5316 of
such title.
"(d) Detail of Government Employees. - Upon request of the
chairman of the commission, the head of any Federal department or
agency may detail, on a nonreimbursable basis, any personnel of
that department or agency to the commission to assist it in
carrying out its duties.
"(e) Procurement of Temporary and Intermittent Services. - The
chairman of the commission may procure temporary and intermittent
services under section 3109(B) of title 5, United States Code, at
rates for individuals which do not exceed the daily equivalent of
the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
"SEC. 1506. TERMINATION OF COMMISSION.
"The commission shall terminate 60 days after the date on which
the commission submits its report under section 1503.
"SEC. 1507. FUNDING.
"(a) In General. - The Secretary of Veterans Affairs shall, upon
the request of the chairman of the commission, make available to
the commission such amounts as the commission may require to carry
out its duties under this title.
"(B) Availability. - Any sums made available to the commission
under subsection (a) shall remain available, without fiscal year
limitation, until the termination of the commission."
mssoup1
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