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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.- 4 replies
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RichardZ, -
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
hedgey
When I got my decision papers for my 100%, they said that my college student kid was eligible for DEA going back to the date I was given as my retro date, which was back in 2009. Yay, this will help her pay off her student loans!!
So my kid fills out the DEA application, sends it in. Gets back a letter from DEA saying she must fill out a very short form, choosing the date from which to begin receiving DEA benefits. The letter clearly states that the choices are between the 2009 date and the date I was notified of my 100% rating (December 2010). Naturally, she chooses the 2009 date to get the retro. She also has taken the letter to her college VA representative, to have them fill out & send in the VA form 1999 (certification of attendance or whatever).
So far so good, right?
Yesterday she gets a letter from the VA saying (italics mine):
"By law, VA can't pay for training you received before you became eligible for benefits. Since you became eligible for benefits on November 22, 2010 (where did this date come from???) we can pay you starting on that date. However, we can pay for the remainder of your training if you return the election sent February 28, 2011. Based on the VA Form 1999 you submitted, we recommend that you choose August 30, 2010 as your begin dated since this was the date you began training."
WTH? Okay, I can see that maybe the college didn't fill out the 1999 right, that they left out her previous year of attendance (she started at this college in fall 2008). So I'm going to call or have her visit the VA rep this week and clarify that. But what the heck is the deal with saying she became eligible on November 2010???
The really funny thing is that the letter she got stating her eligibility began in 2009 and this letter saying Nov 2010 is "signed" by the same person....
Along with this new letter was the VA Form 4107, telling her about her right to appeal. Why the heck should she have to go through the appeal process when this is such a clear bungle?
I'm so mad I could spit nails. I really feel like this is almost intentional, because her first reaction was "Rats, that stinks... oh well..." She doesn't know any better, and would just let it drop.
Let us be kind, one to another, for we are each of us together in our pain.
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