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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
Berta
From: VA Media Relations [
Sent: Tuesday, May 03, 2011 2:22 PM
To
Subject: VA to Take Applications for New Family Caregiver Program
VA to Take Applications for New Family Caregiver Program
VA Implementing Enhancements to Existing Services
for Veterans and Their Caregivers
WASHINGTON - "Today, the Department of Veterans Affairs (VA) published
the interim final rule for implementing the Family Caregiver Program of
the Caregivers and Veterans Omnibus Health Services Act 2010. This new
rule will provide additional support to eligible post-9/11 Veterans who
elect to receive their care in a home setting from a primary Family
Caregiver.
"We at VA know that every day is a challenge for our most seriously
injured Veterans and their Family Caregivers," said VA Secretary Eric K.
Shinseki. "I know many Veterans and their Family Caregivers have been
waiting anxiously for this day and I urge them to get their applications
in as soon as possible so they can receive the additional support they
have earned."
On May 9, staff in VA's Office of Care Management and Social Work will
open the application process for eligible post-9/11 Veterans and
Servicemembers to designate their Family Caregivers.
Additional services for primary Family Caregivers of eligible post-9/11
Veterans and Servicemembers include a stipend, mental health services,
and access to health care insurance, if they are not already entitled to
care or services under a health care plan. Comprehensive Caregiver
training and medical support are other key components of this program.
The program builds on the foundation of Caregiver support now provided
at VA and reflects what families and clinicians have long known; that
Family Caregivers in a home environment can enhance the health and
well-being of Veterans under VA care.
Starting May 9th, Veterans may download a copy of the Family Caregiver
program application (VA CG 10-10) at www.caregiver.va.gov. The
application enables the Veteran to designate a primary Family Caregiver
and secondary Family Caregivers if needed. Caregiver Support
Coordinators are stationed at every VA medical center and via phone at
1-877-222 VETS (8387) to assist Veterans and their Family Caregivers
with the application process.
"Providing support to Family Caregivers who sacrifice so much to allow
Veterans to remain at home surrounded by their loved ones, is very
important to us at VA. We offer a range of Caregiver support services
including training, counseling and respite care to ensure that our
caregivers have the tools and support they need to continue in their
care giving role," said Deborah Amdur, VA's Chief Consultant for Care
Management and Social Work. "We appreciate the patience, support and
assistance we have received from Veterans, Veterans Service
Organizations, and the greater Caregiver community in shaping this
program and bringing this new VA program to our wounded warriors and
their dedicated Family Caregivers."
Caregivers for Veterans of all eras are eligible for respite care,
education and training on what it means to be a caregiver, how to best
meet the Veteran's care needs, and the importance of self-care when in a
care giving role. The full range of VA services already provided to
Caregivers will continue, and local Caregiver Support Coordinators at
each VA medical center are available to assist Family Caregivers in
identifying benefits and services they may be eligible for. The
Caregiver Support Coordinators are well versed in VA programs and also
have information about other local public, private and non-profit agency
support services that are available to support Veterans and their Family
Caregivers at home.
VA programs for Veterans and their Family Caregivers include:
o In-Home and Community Based Care: This includes skilled
home health care, homemaker home health aide services, community adult
day health care and Home Based Primary Care.
o Respite Care: Designed to relieve the Family Caregiver
from the constant challenge of caring for a chronically ill or disabled
Veteran at home, respite services can include in-home care, a short stay
in one of VA's community living centers or an environment designed for
adult day health care.
o Caregiver education and training programs: VA currently
provides multiple training opportunities which include pre-discharge
care instruction and specialized caregiver programs in multiple severe
traumas such as Traumatic Brain Injury (TBI), Spinal Cord
Injury/Disorders, and Blind Rehabilitation. VA has a Family Caregiver
assistance healthy living center on My HealtheVet, www.myhealth.va.gov
<http://www.myhealth.va.gov> , as well as caregiver information on the
VA's main Web page health site; both Websites include information on VA
and community resources and Caregiver health and wellness.
o Caregiver support groups and other services: Family
Caregiver support groups, offered in a face to face setting or on the
telephone, provide emotional and peer support, and information. Family
Caregiver services include family counseling, spiritual and pastoral
care, family leisure and recreational activities and temporary lodging
in Fisher Houses.
o Other services: VA provides durable medical equipment
and prosthetic and sensory aides to improve function, financial
assistance with home modification to improve access and mobility, and
transportation assistance for some Veterans to and from medical
appointments. "
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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