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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
Bigred122
Why does the VA even have a disability program if they aren't going to play fair? I learned early that the VA played the game of LIFE by their own rules.And if they didn't have a rule for it, they made one up just for us and it would only be used once so that it wouldn't be considered the rule of Law.Last weekend, I received my medical records for my first 2 years in the sevice from the NPRC. Being in sports all my life, I was a suck up the pain kinda guy, so I didn't go a medical facility unless it was emergency in nature. So my records were a whole 12 pages long.(I create more nowadays in just one day) And to make me feel like one of the gang, two pages were missing.Would you believe those two pages just happen to be very important to my claim?(Silly me, you all have been at this for years and have heard this story a thousand times.) I know we have people from the VA who come here. Can someone explain to me why these records disappear. Are they paid to process claims or are they paid to sabotage claims. It happens so regularly, it just can't be fate.It has to be on purpose.The odds at them losing 2 pages out of 14 and those 2 pages being key to me getting disability must be HUGE. They did screwup and leave 1 page that may help me on my AO claim from FT Gordon .I don't remember my visit to the hospital there, but it occurred after 2 weekends of guard duty at one of the AO dump sites.It showed a strange rash, dizzyness, diarreaha, and a strange weakness. It was on a important medical document from Basic trainning.One of the page/pages missing was a 4 day stay at the base clinic/make do hospital for unknown reasons. This was key evidence again to my exposure to AO. The other document was a visit to mental health DR. In the letter they sent with my records, they said to call and give them special permission to send other misc records. Of course when I called them today, they had no clue to what the record clerk was talking about. So I told them what was missing and they said they would check again. (Some things have to be authorized twice by me makes no sense)I told them I was up against a 4/29 deadline, so hopefully they will be found.lol I can't believe that there isn't some hidden rule that says to deny deny deny! Lets keep the playing field fair and just decide things on the evidence. It's too late for me now, but I suggest if your thinking about filing a claim, get ALL your records first. Then file your your claim. By filing first they know what records to make disappear. They are the dealer in this card game and they decide what cards we get or don't get.Thanks for giving me a place to vent.Deadline date is approaching in 2 weeks so the end might be near for dealing with this silly game. Get my approval/denial and then to decide what to do. A hundred trees gave their life, just to save a few more government jobs.Was it worth it? We will see!! Mike
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