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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
Berta
VA just confirmed whereabouts and status of my claim via 800.
It again appears that the CUE claim must be resolved before the formal IHD claim.The man said the PC indicated that both claims can "go forward" on March 7th. ????
I said what couldn't they 'go forward' prior to that but he couldn't tell why from the PC. ???
The CUE claim was filed in July 2004.
This is my question-under the CUE the VA failed to give any diagnostic code or rating whatsoever for my husband's documented IHD.
Although it was granted under FTCA and Sec 1151 as well as his totally disabling FTCA and 1151 CVA, the CVA was given DC and rating but it was all wrong.
VA refused to award SMC and they were wrong there too.Thus the CUE.
Consequently these all became direct SC AO disablities last year by BVA award.
The CVA is easy to rate. 100% direct SC (I forget what the right DC should be.)
The IHD has to be rated at a staged rating for 4 years -1988 heart attack and then IHD to 1992 as then in 1992 an ECHO reveals a 60% IHD rating was warranted.
The veteran died 2 years after the ECHO with IHD as cause of death and CVA contributing.
I have asked VA to award 100% for the 2 years coming after the ECHO.
The 60% ECHO results didn't happen overnight so that could involve up to 60% staged ratings prior to the ECHO.
The VA as you all know admitted to malpractice on all of above now SC disabilities -so that isnt the issue.
Although VA was aware of my husband's heart disease for 6 years they did nothing to diagnose and treat it and hid it in the med recs but I found it.(FTCA/Sec 1151 award)
Question -so since VA has no evidence whatsoever medically to say Rod's heart disease was not at 100% level for most of the time after the 1992 ECHO to his death due to their proven failure to treat it, do you think would they have the nerve to say it was only at 60$ SC up to day of his death?
Has anyone here ever had situation like that?
My claim is under Nehmer -has VA ever told anyone here that-as of a certain date- their claim will 'go forward'?
The 800 rep said there is no indication of any letters to me at all regarding this claim under Nehmer from the VAMC-True.
I have 2 Irises confirming it is Nehmer accrued.He said they must have all they need to "go forward".whatever that means.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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Berta
Oh I meant Carlie- I will post when I succeed in these claims. There is a lot to them-especially the IHD claim with PAD and CVA secondary. All the now SCed issues were also prior 1151 issues in t
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