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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.- 4 replies
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RichardZ, -
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
Electronic Tech
Hi All,
I filed a claim of an injury to my right and I'm ready to file the Statement In Support Of Claim.
I would like feed back from the more experienced vets here. I need to mail this in a couple of days.
Thanks for any help.
The injury to my right knee occurred in February 1964, I have (attached) a copy of the medical record from when I went to sick call for that injury. I have always had a slight limp and mild pain since then. The pain has grown progressively worse since the injury. I have had no other injuries to this knee. A few months ago the pain would go very sharp waking me up three or more times every night.
On May 27, 2009 I complained about the knee at the V.A. Clinic at McClellan where Dr. Ashcraft, M.D. had x-rays taken and sent me to the Orthopedic Doctor at Mather. On June 22, 2010, the Orthopedic Dr. Locum Tenens gave me a very brief examination, he stated that I have a little arthritis in the knee and I shouldn't walk on it much. No further treatment offered.
Dr. Locum Tenens' (attached) report clearly states; "Diagnostic Tests: X-ray of the right knee showed early degenerative arthritis of the Patellofemoral joint, with Patellofemoral spurs.
DIAGNOSIS: Early Patellofemoral arthritis and chondromalacia of the patella.
Dr. Locum Tenens also advised me to avoid walking and riding bicycles. I do have a slight limp nevertheless, Dr. Locum Tenens was unable to detect it during the two short steps that he had me take within the very small examination room.
My work requires me to be on my feet most of the time. My work place is 950,000 sq feet in size. I'm unable to do most of the things that I need to do and I found myself getting depressed and feeling inadequate because of this constant pain and inability to perform my required work.
I took the issue to my private medical doctor. Dr. Daniel Sewell, M.D. did a through examination, took x-rays, then sent me for an MRI. The (attached) MRI found: "tear of the medial meniscus, tear of the lateral meniscus and osteoarthritis." My doctor said that I needed surgery and that he will write a report that this is more than 50% likely service connected. (attached)
On July 14, 2010 I underwent arthroscopic surgery to my right knee, which was followed by several weeks of Physical Therapy. Of course I had to be off of work for six weeks.
The knee is improved, however, I continue to suffer pain in the right knee and a slight limp. I think that this is due to the degenerative arthritis that resulted from the initial injury of 1964. Also, I have taken early retirement as I was unable to perform all of the required duties.
Electronic Tech
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