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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
BrookH
Hi,
A friend of ours is rated at 50% with lumbar, cervical, carpal tunnel, gerd /h-h, shoulder raduicaphy, high blood pressure and something else. Anyhow they had a neurophysc visit while on active duty and the specialist said something like unknown reasons but problems like other pgw vets qualify with dsm iv (I think), now after retired they had another appointment because of memory problems, depression/anxiety (seeing a va counselor and such). The neurophysc tests came back good, brain is working well. A few things our friend said was the neurophysch seen sleep apnea and asked if treated with a cpap now. The answer was yes, so neurophysc said (not sure if he wrote it down) but possible reason test were bad back on active duty was maybe sleep apnea and good now because cpap has fixed that. Also said memory problems and depression now is probably because of current pain.
So it might be a stretch but if the military doctor on active duty thought svcmbr had sleep apnea could this neurophysch thoughts be help.......there are smr notes but not diagnoses.
Also would it be reasonable to claim depression/anxiety due to chronic pain and how is this rated?
Opps, also the person claimed sciatica on their claim but examiner said no sciatica but a lumbar strain. No MRI was given but probably 5 years later went to pain clinic and received a tens was also told pain was sciatica. Can that get reopened or not worth it and how to change to ivds or idvs?
Appreciate it and will pass all info on.
Edited by BrookHLink to comment
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Andy, I have to disagree. I have seen VA deny a veterans claim even after the veteran had a positive C & P exam. The veteran had to file an appeal to win his service connection. That is just too c
Andyman73
First off, you have to have a record showing chronic pain, which usually takes more than a year or two. Secondly, you should have then, continuing treatment of said pain noted in your SMR or VAMR as
awgv001
I must say, this cracked me up so badly this morning, and I mean a full belly rumble "guffaw" if you will. I'm glad this Devil has retained their sense of humor.
34 answers to this question
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