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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
Athena2
Hello All,
First I want to thank you for having such a venue where veterans can come to get information and post their concerns. Now to my situation. I am a 38 yr old Female Army veteran. I served from 1992 to 1999. I was never in combat. I currently have a disability rating of 40% with an effective date of July of 2009. I have not been feeling good for what seems years and only feel like I am getting worse, which I told the doctor at my last medical eval. And thank to his advice I now have been seen a Rheumatologist (VA Hospital)since. It is obvious to me the Rheumatologist does not know what is wrong. All the blood test imaginable and otherwise have been performed and come back negative, I do have a positive ANA. I feel like they look at me like a trouble patient, and they do not know what to make of me, since according to them I am soo young. I am depressed, hurt all over like I just run a marathon, did I mention that doing the most menial task takes extra effort. In a nutshell I feel horrible. Well, I have been put through the wringer. To make matters worse. on FEB of 2010 I had emergency gall bladder surgery which was so inflammed and infected that I remained in hospital(VA) for a couple of weeks and of which I nearly died, surgery was supposed to be less than four hours mine was nearly eight. I have a big scar across the stomach as a remainder. The doctors were surprised to hear I have never had a gallbladder attack and that there is no history of it in my family. I believe in my heart this is connected with my inflammation and whole body decline. My health seems to me to be getting worse. I have no energy. The whole thing its so frustating to me, as I used to be very active and now have a hard time getting out of bed as it is. Every 3 months or so I see my rhemautologist, I also am seeing an Eye Specialist because of the medication I am on. I see GI specialist(also @ VA hospital) because I still have part of my gallbladder, which causes sharp pain on my right side and which ultimately they want to go back and remove, which is scary for me and I do not want to do as they are no guarantees I will take away the pain. But my choices are dwindling. I am on several differents medications: Hydroxychloroquine, ursodiol, omeprazole, meloxicam and just recently got prescribe amitriptyline because I cannot sleep and wake up in pain and exhausted. I also suffer from dry mouth and eyes and horrible headaches, which I never had before. I was one of those people that never even took aspirin. After a lip biopsy, they ruled out Sjogrens syndrome, but my rheumy doctor thinks I still have a form of it. (?) I am aware that it takes years to find any chronic autoimmune disease, which does not help at all. In the meantime I pray for health and hope someone will find out what is wrong before its too late to do anything about it. Last week after seen my rheumy dr. she told me I might have Fibromyalgia but still believes there is something else going on. I have made an appt. for 9JUN11 with a local VA Rep to see if I can get an increase on my VA disability. I am unemployed and at this time trying to use CHPTR 31 to go back to school. We will see how that goes I hope it goes well and am excited about it. I should also mention that while in service I was diagnose with Dequervain's tendonitis on both wrist for which I had surgery to release tendons on both hands. Inflammation problems again way back when. Also had pain in knees, but who doesn't in the Army right? Just like every soldier I also took Anthrax vaccine. Ultimately, this is why I am writing, I want to see what my options are to get an increase if any at all. Any help, suggestions or advice are kindly appreciated. Thank you.
My Current rating is 40% for the following: (previously I had 20%)
Retropatellar pain syndrome with limitation of motion, right knee & left knee: 10% (this is what change from 0% to 10% in 2009 evaluation)
Tendonitis, right wrist (major): 10%
Tendonitis, status post surgical release of first dorsal compartment, left wrist: 10%
Retropatellar pain syndrome, left knee: 0%
Retropatellar pain syndrome, right knee: 0%
Bilateral pes planus, status post bunionectomy: 0%
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