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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
packrat
Good for you. Keep the faith . I keep reading the deffinition of a stressor and even though it is in black and white, it really drives me batty. "Fear for your life or the life of others." I mean have a heart. How about a "reasonable person clause". " exposure to extreme war time sights,sounds or smells that would cause any reasonable person extreme emotional distress. I believe we are just touching the tip of the iceburg with the Vietnam vets when they come out of the woodwork in their mid 60's. I, myself will be able to provide the VA with a government document with statements like "heavily engaged with a hostile force and undaunted by the intensity of hostile fire and remained in his dangerously exposed position to ensure". I was shot at many times and we had rockets and mortors droped on us many a time. I lost close,close friends that were 50 yards away and poof, then they were gone. I have only been exposed this stressor requirement thing for a couple of weeks. Up until then if some one said "stressor" I wouldn't have known what they were talking about.
First hand experience folks. There are things far more unbearable to some then getting shot at or coming close to death. Now if the folks that wrote the requirements don't think so maybe they need to put in a year in a front line position. Now it may only be me but I don't think so. I would rather be shot at then have had to handle some of those poor souls that didn't make it. Those are the ghost that will haunt me until the day I die. I believe you can train a 20 year old to handle a confrontain that can result in their death. I am not sure you can train a 20 year old to handle the sights of what war can do to a human being.
Any war vet should be able to use as a stressor the sights and smells of death without fear for their own life or the life of others. How about the life that was already lost. The dessecration of what was once a human being. The unrecognizable remains of someone husband,son, father or brother. At least to me the origional stressor regulations should have always covered this without the provision of fear for your own life or the life of others.
The sights of the pure horrors of war it self is enough to drive some to the very edge. Even though I can sit with a shrink and prove "fear for my life" I know what I see, asleep and awake. They should not have made it this hard for some of those who sought help in the past.
I am new here and I am not sure venting like this is allowed. These are my thoughts and if it is not allowed or too extreme, I understand if you take it down. I have not seen my first shrink and the VA informs me of a problem. The shrink my be the least of my problems. Take care of each other people. You are vets 365 days of the year not just on Nov 11th.
Semper Fi
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