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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
rpowell01
Well, well, well, I finally found out what is causing my chest pains, shortness of breath and blood pressure to elevate. I really thought I was going crazy.. I have had the constant chest pains since last April 2010, every day. Well it got to the point I felt myself going downhill and to be honest I didn't think I was going to make it to the end of the year last year. On August 6,2010 I ended up at the ER thinking I was having a heart attack. I explained what I thought was everything to the Doctor. Of course he see's you for the max of 2 minutes then orders all these tests which btw is another topic by itself. They put me on a EKG and did some lab work. For 3 hours they monitored me and then came back to say "Oh you had an Anxiety Attack"...I kept telling myself noway was this Anxiety. I know some of you remember me posting it a few times on hadit.
Then in February a new private MRI found the herniated disc at C5-6. So then a couple of us was thinking okay it is radiculopathy because of the disc herniation. Well here is where things became a little bizarre. Two weeks ago I had a epidural cortisone injection at C6 which btw did help take the tingling away but not the numbess and now my neck is in a lot of pain. It has been a roller coaster of a two weeks, up one day and feel really good only to be down the next day feeling really bad. All in my arms as I speak. BUT, onething that didn't change was the chest pains and the shortness of breath and the elevated blood pressure. Anyway, yesterday I was over in Sarasota for a Voc Rehab appt. and my kids were with me, thank God they were. Well, right after my appointment we jumped in the car and as soon as I got on the road I had this pain to the right of my diaghragm which lasted about a good 30-60 seconds. I never felt this pain before. Remember I only had chest pains 24/7 and some shortness of breath. Well I told my daughter I do not feel good at all and then my face turned pink red she said. It felt like I was dying. I quickly pulled into a 7elevan and handed her the phone. I said if anything happens to me dial 911. We were 1.5 hours away from our house. As soon as I got out of the car I starting feeling a little better. All the way home I just didn't feel good. As soon as I got home i started feeling stick again. Well, I jumped into the car and went to my Doctor who in turn sent me to the ER. At the ER they once again put me on EKG and Vitals, checked my blood but this time there was a good Doctor from Polland there. He did good. He asked me exactly what happened and has I explained to him the details he pushed on the spot where it was hurting for 30-60 seconds but it didn't hurt whenever he did that. Well he ordered a ultrasound on that area and come to find out I have SLUDGE in my GALLBLADDER and that is what is causing all my chest pains, shortness of breath and blood pressure to jump sky high. Just Friday of last week my blood pressure was 120/78...<-----Good dont you think? This is the way it use to be all my life. Anyway after another 3-4 hour stay he told me to go see a Vascular Surgeon to probably have it removed because that is what is causing all my problems in my chest.
Please tell me I am not crazy!!!!! LOL I knew I wasn't and I knew it was a matter of time before the truth came out. Dead or alive the answer would have been found....Seriously though I wrote all of this because my step mother's mother died from the exact same thing but back then they didn't have much to go on. So her gallbladder poisoned her and killed her. I just hope he takes this thing out really soon because 2 days of really bad episodes do it it.
BTW one last symptom I would get after the attack was I would be real gassy and whenever I explained all of this to the nurse over at the vascular place she said Yep that is your gallbladder and DO NOT EAT FATTY FOODS....And come to think about it I ate some homemade TACOS Sunday evening, NICE!!!! Today I ate chicken fried rice========= not good she said....
I learned that everbody's symptoms on the gallbladder is different for some reason, they are kind of grouped but might have one from the other group. An officer at work has the same problem and will have surgery next week and her symptoms are the exact same as mine where others were bent over and was in pain. Weird huh....
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