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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
allan
EDWIN CROSBY: Board for Correction of Military Records Failing Veterans
September 29, 2010 posted by Gordon Duff
BCMR’S SERIOUSLY FAILING THEIR MANDATE TO VETERANS
DD214 SECRET CODES
In fact, attached to this story are four (4) questions which can be submitted to anyone of the BCMR’S. Just change the name from Army to Navy, or to USAF. Send said questions to your U.S. Senator or Congressman at their State office, use CERTIFIED MAIL, no green return receipt needed, do not sent to Washington Offices. Request that the 4 questions be answered as veterans believe the BCMR’S are NOT following Congressional Mandate or Legal Precedent, and you yourself may have to use the BCMR’S and you want a FAIR playing field.
You should get a form letter back from your Senator/Congressman saying they received your request and will forward for answers. If you do not hear anything within 3 weeks, call and ask what happened. This is a GREAT OUTRAGE that when asking for Justice at BCMR’S, veterans are further stabbed in the back by those wearing a military uniform of the U.S. Stand up and be counted veterans !
FOUR QUESTIONS TO BE ANSWERED BY ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
QUESTION ONE:
How many cases have come before your ARMY BCMR since 1986 in which a veteran had a " false & stigmatizing coded number ", known as a SPN, SDN, SPD code, and said veteran was advised by LEGAL PRECEDENT, CASEY v. U.S. 8 Fed Cl.Ct. (1985) that he or she was entitled to a " DUE PROCESS OF LAW HEARING UPON DISCHARGE ".
QUESTION TWO:
Upon determining the veteran was given a false & stigmatizing coded number, how was the veteran " redressed or compensated " for the injustice, which is a requirement of the law governing BCMR’S i.e. Give examples of how payment was forthcoming.
QUESTION THREE:
When a BCMR discovers that SPOLIATION has taken place, and a party who destroys a document with knowledge that it is RELEVANT to litigation is likely to have been threatened by the document, and that party is one of the military branches, how does SPOLIATION effect a veterans claim. Do lawyers in the litigation office notify Justice Department Officials of the crime committed ?
QUESTION FOUR:
Once a BCMR has determined a veteran has a STIGMA discharge, and the BCMR’S must CORRECT the INJUSTICE, what guidelines are you following to locate ALL places the coded reason for discharge has been disseminated to. Please provide copy of those guidelines.
EDWIN H. CROSBY III
http://www.veteranstoday.com/2010/09/29/edwin-crosby-bcmrs-failing-veterans/
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