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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
rpowell01
I know in the last few to 6 months I have been a pain somewhat on this board on my "connecting the dots" issues. Well it has been connected!!!! I went to a private Neurologist who ordered an MRI on my CSpine and the results:
At C5-6 on the left side, a disc herniation is present into the left foraminal area resulting in left foraminal stenosis:
Which if some don't know is causing me to have pain in both my arms and hands, greater in left more than right side and is causing the left trapezius muscle to spasm so tight that it is causing me to have shortness of breath and chest pains (possible pinching a nerve) which in turn is causing my Anxiety. All of these have been filed with new claims for secondary to my SC'd neck issues. Now I have proof and my VA primary doctor cannot deny it was all in my head. Even the VA Psych Doctor told me yesterday that I do not have the "normal" Anxiety that is psychological but it is more physiological which means it is because of the muscle spasms. The symptoms I feel are real and painful and whenever my chest burns with pain it is because it is the muscle spasm tightening up. So if anybody is having the same issues please, please go see a private Neurologist and Neurosurgeon and let them make a diagnoses because these internal medicine does are just going by symptoms not the problem then they make these so called diagnoses that does not live up to their degrees......BTW I had a CT and CTA which both came back normal both ordered by the Neurologist, something the VA Doctor never ordered to rule out anything.
I did have a VA Nuclear Stress done and it did come back "Minor Abnormal Stress Test" but I was told on the phone by the cardiologist office that the cardiologist will have to diagnose what it was. The person on the phone talking with me assured me that it was minor and and if it was major I would have to see the cardiologist ASAP. But since it's not then I will see him in early March.
Current claims in process:
Bilateral Radiculopathy in both arms
Bilateral Radiculopathy in both shoulders
Radiculopathy in my left trapezius muscle causing it to spasm with pain
Radiculopathy in both hands with CTS greater in left than right
Above all secondary to my cervical SC'd
Radiculopathy in both legs
Radiculopathy in right buttocks
Both secondary to my lumbar SC'd....
and of course Anxiety which the VA Psych said I had.
7 things secondary....
What is funny about all of this is that last May 2010 I had a CSpine MRI with the VA and they said I only had a C5-C6 bulge. Then not even a month later I started having the shortness of breath and pain in my arms, etc....I don't get it. How did they only see a bulge but a private radiologist now has seen a herniation but I haven't injured myself onetime? Kind of makes you think, hmmmmmmmm about the VA...
Edited by rpowell01Link to comment
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