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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
Bkorea70
A little background first: I have 20% for DDD in my lower back, and 20% for pinched nerve and herniated disc in my neck secondary to DDD in my back. I had discectomy in my lower back while in service due to an injury that started in airborne school in 2003. I hurt my neck at the same time, but army doctors never did anything about my neck while I was in service. Once I got out of the army in 2006, I started seeing the VA for my neck and back problems. The VA did a fusion in my neck in March of 2010.
I filed a new / increase claim in April 2010. The claim was for increase in DDD in lower back, increase in urinary incontinence (previously rated 0%) which was caused by the pinched nerves in my neck, and a new claim for temporary 100% disability for the two months I was out of work due to recovery from my neck fusion, which is service connected. I know if you are in a hospital, on bed rest, or recovering from a service connected injury surgery for six weeks or longer you are entitled to 100% temporary disability compensation.
So, I filed these claims together with the help of my VSO a month after my fusion in my neck. It has been over a year now and the only information I have gotten to this point is the nice little letters from the VA saying they are still working on my claim. I haven't even received an appointment for a new C&P exam. I called the VA to check several times and they always tell me that it is pending. The last time I talked to someone at the Chicago regional office, she told me that they hadn't received any evidence from me yet and they had no record of my surgery for the temporary 100% claim.
Well, let's see! I sent a huge packet of evidence pertaining to my DDD in back is worsening and the evidence for the urinary incontinence. I sent the original form back from the VA allowing them to pull my records as well and the girl from the VA said I sent the letter back denying the VA to pull my records. And, how is it possible for the VA to have no records of my fusion in my neck when I did the surgery at the Milwaukee, WI VA hospital??? I didn't have the surgery at a civilian hospital, but a VA hospital!!! That really confuses me!
So, I am trying to figure out what I should do at this point. My VSO says to keep waiting. I am afraid my claim slipped through the cracks somewhere and it is not getting processed at all. The first to claims I filed were completely finished within six months. This time, it's been over a year and I still haven't received a C&P exam. I know you guys have gone through similar experiences, and I am looking for any input and advice you can give me, PLEASE!!!!!!!!!!!!!! I am half tempted to call my congressman or something to that nature to try and get the ball rolling, but I don't know what the appropriate next step for me is. Please let me know what you would do in this situation??? And just to confirm, I should definately get back paid to April 2010 if the VA finally decides and gives me an increase, right?!? Thanks so much for the help!!!
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