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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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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
Intestinal disease questions:
some of you might already know about me, but I have a question that I really haven't asked like this before, in this way..
in the USAF I worked with petroleum chemicals, and got sick... and was removed form my job, with doctors orders, but was placed into another job with more chemicals causing more of the same disease symptoms..
I suffered from intetinal disease, gastritis, swelling, blood pressure problems ( hypertenision), headaches, etc..
this went on for at least 2 years and included tests and hospitalization for gastritis, headaches, etc..
later, after I left the usaf, I developed full blown intestinal disease and continued treatment in less than 8 years after seperation.. also spinal disease,, also neurological disease..
my intestinal disease finally got so bad I ended up with chronic pancreatitis.. and spent 6 months in t he hospital becaase of a 5 inch pancreas cyst.. (removed through surgery with severe complications) severe edema, muscle wasting., neurlogical disease like MS, Dystrophy, etc.. portal vein thrombosis.. (tranfusions, several blood infections..ets... internal bleeding)
simplified,,, for this forum and questions..
my question(s).
the gastritis had already been disagnosed and in my records..
the usaf had already given me 50% for the headaches from chemicals..
My main question for this thread:
the gastritis,, in rating the disease, do they look at it as in addition to pancrease disease part of pancrease disease.. all intestinal diseases lumped together..
the liver and pancreas together, the portal vein thrombosis added...
the 6 months hospitalization added
the inability to eat and walk added...
convelescence added... physical therapy in both the hsopital and home therapy... (I had nurses coming to my home afte leaving the hospital with special equipment for me installed in my home..)
the conditions I have a chronic and permanent
including severe chronic pain for 30 years..
does the VA disability claims only look at the gastritis as continuing for 30 years since the original diagnosis on active duty 30 years ago.. or do they include the advancment of the disease including all the complications, surgery) and diseases of the digetive system. Are they added, seperate.... both physically and rating numbers (added together, full percentages, etc???).
I think I ended up confusing people with my problems...
if so I am sorry, but my case is a nightmare and most of the professsionals have said my case is really complicated and a real doozy..
some of the doctors have asked if have considered wring a book about my experiences..
(I have simplified this info... the records take up at least 10 reams of paper just for 6 months of hospitalization records..).
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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