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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
I filed for depression and have been under a doctors care since about 1989. I was under a doctors care on active duty from illnesses int he USAF for a couple years when I was almost always sick from about (78-82-active duty) 1980-1982 - sick most the time. But, I was not seen by a physciatrist for mental health while on active duty. I was seen for neurolgicial disease, including MRI's from headaches,pain, sweling, and also doctors for the extreme edema and other illnesses from toxic chemcials. Again, I was never sent to mental health even though I suffered in great pain and crying from pain.
Then, 8 year later the doctors at Kaiser had me seeing pshycs because of my complaints of illnesses and pain. The notes by the doctors cleary state I was in depressions. The VA insited I get mental health help fo rillnesses since the 1990's and I have been under their care since the 1990's. The VA has treated me for depression for15 years too.
When I applied for my claims, one of the claims was for depression. The denials I got kept saying there was no proof of depression in the the USAF. Even though I was under their care for illnesss and pain. I had lost 2 jobs because of illnessses and had bene hsopitalized several times. That was on active duty USAF. Yet the VA claims ther eis no record of depression. Yet , look at all the records of depressiona nd illness from active duty and kaiser, and then the VA, this all going back to 1982.
I am totally dumbfounded how they can deny that part of my claim with all that I have shown from the doctors in my medical records. Do they lie like this about everyone that has suffered in pain and has had all the doctors writing I suffer form depression. I never begged any doctor to write depression, they all put this in my records on their own when I went for treatment.
I have volunteered at the VA to join chronic paint patietn groups going to goup meeting for weekly meetings for month at a time. I would also go to the mental health doctors when my doctors requested I go. I have been going al these years as the doctors requested.
My SSDI is for depression. I got that in 1995.
Yet, It is still being denied.
Again, I was uanble to work since the early 1990's. I will never work again because of permanent total illnesses.
Anyone else have a similar experience go through all these denails and finally get approved for depression int he appeals stages?
Thanx..
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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