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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
flhtci2004
You know, 43 years ago a lot of us vets took off our uniforms and never looked back. Some never joined parades, protested nor joined veterans organizations but instead<br style="min-width: 0px; ">immersed ourselves into school or the work place and continued with our lives. There was not mention on exiting the service interview that we may of been poisoned during our one or two tours in Nam, so be aware in the future years and contact the VA if you have anyproblem...no mention of this at all. I remember in the early 90's that there was an AO lawsuit going around and somehow, someone contacted me to be part of of the class action. The biggest reportedproblem at that time were problems involving birth defects. Both my boys were grown by then and had no known effects from AO so I declined to try and squeeze the government of any moneyI didn't feel I deserved. Fast forward to 2007 and a report from my urologist that I had a very aggressive prostate cancer that needed to be removed. My only real option was radical prostatectomy so in Feb. 2008the prostate and limp nodes were removed just in time as the cancer had erupted from the prostate. Still no connection whatsoever to Nam for me. Apparently somewhere in the late 90's there were newspaper articles associating prostate cancer with the VA and AO that was now covered as a service connected disability. Well, unless you actually had it in the 90's or maybe 'total recall" I believe the majority of us would not of connect our prostate cancer 10 years down the road to Nam or some obscure newspaper article 10 years earlier. Two years after my operation every newsprint that mentioned prostate cancer now draws my eye and I happened to view a newspaper article about this very subject that basically informed us to seek out compensation from the VA, which I did and it is still on someone's desk waiting for approval. I don't fault the VA for the time it is taking to reach any decision because apparently they are buried in paperwork, my complaint is that they will not back up your claim to the date of the operation. They admit AO caused the problem but the VA is hiding behind the fact that somehow we should of known? I don't get it. They pay 100% if somehow you knew in advance of the problem but not if you were unaware that the VA owes you money? If all the vets that have had this same problem were to somehow come together (and there seems to be many) maybe we could petition the VA to back up our illness and paper work to the date of our surgeries? Just saying!
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