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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
retiredat44
With my DRO coming up, I have some questions.
First of all the DRO wil give a chance to show that in the process, up until now, most of my evidence was ignored. And, further that my NOD did not spell out all the duties of my job, and all my inuries, and that the process failed to see that whoever looked at my file and denied me, failed to see all the evidence, whether ignored or bungled.
In the DRO request I pointed out that they only looked at the Jet Fuel (JP-4), not the Leaded Gasoline, Diesel fuel, and Trichloroethylene al were totally ignored. So, they are all now listed in my DRO review and hearing request.
I have to ask them why I am already rated at 50% for illness from Jet Fuel, yet they say there is no evidence of illness from jet fuel?? wtf, what kind of contradiction ids that? Jet Fuel contains the same Benzine which is in gasoline.
I though that the people who do the reviews and ratings were suppose to know the job descriptions of the veteran's claims? Apparently the people who do the claims process have no clue, or they do not even bother into looking into the claimant's jobs and job descriptions.
if they had read the job desciptions they would have clearly saw all the chemicals I worked with.
So, now I have to spell out every part of my jobs I held.
My IMO clearly stated al the chemicals I worked with in the 2 jobs I held in the USAF. I also spelled out that after I held one job, got sick and was moved to another job which was cleary against the doctor's orders, not to work with petroleum chemicals.
I have to explain that the claims process ignored al the chemaicla.s
I suppose I have to try to not get angry with the DRO people and tell them the the claims process people bungled their jobs.. They totally ignored evidence! But, I suppose I cannot/should not chasitise them for being stupid.
While I have solid proof and evidence, I have more questions.
Do I need to get more evidence?
such as:
Do I need to get studies and VA hearing decisions and print them out shwoing the chemicals are carcinigens and cancer causing chemicals?
Studies off the Internet and websites showing prior studies and cases regarding toxic chemicals?
Clearly, they have access to the same information I have and can get/ or do I have to lead them like they are stupid and show them everything i can find about illnesses caused by Gasoline and toxic chemicals? How about diseases like cancer and liver and pancreas diseases caused by petroleum chemials?
Do I need to start printing out all these studies? Do I stack them on the table at the DRO hearing?
It appears that having too much evidence is better than too little! But, I just don't understand why they ignore evidence?
What am I missing?
Edited by retiredat44Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.
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