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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
deltaj
Yesterday our tax refund check arrived and suddenly it was about $700.00 more than the refund amount my husband and I listed on our tax return. I was thrilled but decided to look at the refund amount on our return. I was thinking am I losing my mind? I am only 55. Why can't I recall the correct amount oof my tax refund? Am I getting Alzheimers or dementia or what? I pulled out the 2010 return and the dollar amount on the return didn't match the amount shown on the tax return. I sat there looking at our tax return and trying to find why the check was about $700 more than the amount listed on the return. I couldn't find any error that I had made preparing the tax return. Meanwhile my husband then started going through the rest of the mail and there was a letter from the IRS stating that our refund had been increased by about $700.00 due to the Making Work Pay Tax Credit for 2010. THE LETTER STATED THAT MY TAX RETURN HAD BEEN AMENDED THIS YEAR TO INCLUDE THE TAX CREDIT BUT IF I WANTED THIS TAX CREDIT IN THE FUTURE I WOULD NEED TO FILE SCHEDULE M WITH MY TAX RETURN. I went to the website of the IRS and discovered this CREDIT was available for 2009 and 2010 returns for workers or couples whose earned income exceeding certain dollar amounts or certain other people who weren't working. In order to receive the tax credit a schedule M must be filed with the return. I AM UNSURE WHETHER PEOPLE WITH INCOMES OVER A CERTAIN AMOUNT IN 2009 OR 2010 OR ORTHERS ELIGIBLE FOR THE CREDIT COULD AMEND THEIR TAX RETURNS TO CLAIM THIS CREDIT SINCE THE IRS WEBSITE STATES THE SCHEDULE M FORM MUST BE RECEIVED BY THE IRS WITH THE RETURN. I was a federal worker for the U.S. Census in both years. This may be why the IRS, a federal government agency, chose to amend my return for 2010. My husband and I are happily headed for the bank today and intend to target some bills with our tax refund and place some extra money in our savings. Please remember to file Schedule M with your federal tax returns in the future.
Edited by deltajLink to comment
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