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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
I have had the privileged of writing on this board for a few months. I know you all have seen myself trying to link the dots as to why I was feeling the things I was feeling. I think my biggest scare was the shortness of breath and chest pains. But I knew deep down inside of me that it wasn't any heart issues. But as time progressed my mind kept telling me otherwise that is the fella named Anxiety who will lie to your face and get away with it. But, you body believes the lie he tells you and you end up having to fight off an attack. Funny but true.
About 3 weeks ago it was found that my gallbladder was going bad and it was taken out. After 3 weeks I feel 50% better. I actually was feeling really good one week after the surgery. Blood pressure back to normal averaging 122/80. Then last Sunday I awoke with the worst ever pain I have ever had in both my arms. I had this pain all day long, I didn't freak out because I knew what was happening. Sunday night my wife tried to give me a massage on each arm but I told her it wouldn't do no good. After taking my medications it seemed to go away around 3:00am whenever I fell asleep. Well after 3 wonderful hours of sleep I awoke with a huge migraine but went to work anyway. After Monday I felt really great, Tuesday and Wednesday were awesome, no pain, nothing to complain. Thursday rolls around and I felt good all day up to around 3:30pm. At that time I was on my home from work to pick up my kids and I had what I can describe to you all as an electrical current go through my chest. Immediately, that fellas Anxiety kicked and and told my brain that lie. I looked in the mirror and my face was pink red. I went through the chest pains Thursday evening, Friday and today (Saturday). I did check my blood pressure Friday at work and it was 118/85 while I had the chest pains. I finally had a enough about 30 minutes ago and gave in to have my wife give me a ice massage on my cervical and thoracic spine. I have Styrofoam cups filled with water frozen in the freezer. You should try it it works great, just peel off the bottom of the cup and edges. Little trick I learned from nurse in the Army. Anyway, I feel great once again and the pain is gone. Where exactly is this pain coming from is a guess to me because my while rubbed my cervical and thoracic spine areas. When in doubt get that ice massage because it will make a huge difference. To be honest this is very depressing for me to go through this and I know one day it will be fixed, hopefully. On June 1,2011 I get to have my Truscan MRI done on my cervical but I am calling my Orthopedic Surgeon Monday to request my Thoracic Spine be added to the scan because of the chest pain. I have read all over the internet that cervical herniation will cause chest pains and mimic a heart attack. I just read the best article written by 3 doctors. I know my neck is in bad shape and I think I finally have control over the Anxiety. Yes I have Anxiety but I can control it. My will power is more stronger that its power.
As I write this one person comes to mind and it is somebody whom I have become a hadit friend with and hopefully will one day go bass fishing with and he is JBasser.
Listen to these folks because they know what they are talking about because they have been there.
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