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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
Continue Reading on HadIt.com-
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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.- 4 replies
Picked By
RichardZ, -
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
Ascomdepot68
The information below is furnished in relation to Agent Orange at ASCOM Depot. Storage and
presence of AO was/is at a place not currently recognized by the DoD as being admitted for presumptive
exposure. I had made an earlier commitment to furnish the aerial photo by June 18, 2011.
I had earlier posted the photo here and two other Korea AO related forums with a request for
information and waited 2 months.
All of the info is from me, no one had any info of signifigance. If you have any info to offer now or difference of opinion, contact me and I will consider. The photo is
copyrighted by me. You are hereby granted a license to use this material for research
and for applying for disability benefits. NO commercial use is permitted, without my express
written permission. If you can get the photo on a CD or floppy disk (?), you can take it to Office
Depot and have a 24"x24" black and white print made for less than $2.00
NEVER give up the fight for your benefits.
Link to aerial photo with annotations:
http://i1124.photobucket.com/albums/l564/EAGO7465/Asc68_Ca.jpg
http://s1124.photobucket.com/albums/l564/EAGO7465/Asc68_Ca.jpg
Areas 10 and 11 are where AO was spilled or seen, to that I can and have furnished a statement. Others
for whatever reason could provide no significant input.
This aerial photo was taken 2/7/1968.
For a current (2011) aerial view of the area remaining, designated Camp Market , left after the
Depot area and the rest of ASCOM City was returned to the Republic of Korea in 1973, go to
wikimapia.org and put in latitude 37.495518828 and longitude 126.715879448
I had a link made up but for some reason, people were winding up in West Virginia
Locations given refer to closest cross coordinates from edges of map, ie MM32 for marker 1,
Gate #3. Location refers to marker. (This is a copy of the info I sent to the VA, not all markers
are on this photo).
1 Gate #3, entrance to Hq&Hq Co, USA ASCOM Depot & MP Detachment (MM32)
2 Depot Headquarters 1968-1969, building #2156 (Y35)
3 Quality Assurance Directorate 1968 , building # 1604 (CC34)
4 Depot Security Office & Main Depot Entrance Gate vicinity, 1968 , immediately south and east of
Gate #1a (EE28)
5-5 Railroad tracks into Depot , immediately west of Gate #2 (LL30)
6 Moat which ran across southern edge and the eastern edge of ASCOM Depot proper.
For a photo of the wall abutting the moat see #51 below. The moat did not extend the full run of
the southern wall, only perhaps maybe half. I call this a moat, engineers referred to as a “brook”.
It ran generally NE from south of Sinchon across the southern eastern half of ASCOM Depot ,
up the eastern side and flowed out the northeastern corner of the depot (all outside the wall).
There were several large runoff culverts from the depot into this “brook”.
(ran under road at point LL26 traveling east to LL34 then NE to GG38 and then north to J43)
7 Location Asc16 & 17.jpg photo, both looking North from behind chapel #42 into Depot grounds,
can see the Depot Headquarters (building #2156) and partial vehicle park area for ready to issue vehicles where AO was “stored” temporarily on trucks, refrigerated unit on right in photo was in front of Hq &Hq Co mess hall (building # 1640). (GG35)
8 Location Asc13.jpg photo, looking north from gate separating HHC & Depot, you can see Depot
Headquarters (building #2156), the Quality Assurance Branch ( building #1604) is the second taller building on left, and the start of the vehicle issue park area where AO was sometimes present is on the right where the Area 40 sign was. (FF34)
9 Location Asc12.jpg photo, looking south from HHCo/depot gate to gate #3, first building on left on end nearest road was my sleeping quarters Oct 68-March 69. The second visible building on left was the unit supply room and my workplace for the same period. (GG34)
10-10 Vehicles for issue park area ran West-East, AO seen in rear of trucks here on several occasions
(DD35 to 38)
11 Search area at end & W of rr tracks, type of coins found here (Asc2.jpg), AO spill here on at least
two occasions. (NO35)
12-12 Area search for coins West-East, rear of depot. Searched all over but mostly 11 & 12.
(L-M-N to 31-35)
13 Main Supply Route #2 (Incheon-Seoul) (not on smaller photo, is on larger photo)
14 To Seoul (not on smaller photo, is on larger photo)
15 To Incheon (not on smaller photo, is on larger photo)
16 Gyeyang Mountain , elevation 1302 ft, (about 4.6 miles due North of marker #1)(not on smaller
or larger photo) (is on 1948 photo)
17 Train tracks to Bup-Yeong train station on way to Seoul (TT44)
18 Train tracks to Incheon (ZZ18)
19 Sincheon (WW16-19 & MM22-26)
20 Location Asc1.jpg photo (SS29)
21 Vicinity of GK house (TT30)
22 Vicinity of EBF house (YY29)
23 Location Asc3.jpg photo, Fuel depot*
24 First quarters EBF 3/68 to 10/68 building # 1673 (3rd quonset hut from gate)(II35)
25 Second quarters EBF 10/68 to 3/69 (opposite end from orderly room entrance) (nearest
building in photo Asc12.jpg on left) (HH34)
26 Location Asc6.jpg photo, southernmost MP barracks in Hq &Hq Co compound (building 1682)&
MP latrine, building #1683 (JJ36)
27 Orderly room Hq&Hq Co, USA ASCOM Depot, building # 1641 (HH34)
28 Supply room Hq&Hq Co, USA ASCOM Depot (second visible building in photo Asc12.jpg on left)
Building # 1643 (II34)
29 EM Club, building # 1678 (JJ34)
30 Now-Buwon Middle School (2011) (KK32)
31 Now-Buwon Girls Middle School (2011) (JJ31)
32-32 Now- Bup Yeong Park, area was previously ROK Army Camp (see # 35) (WW20-OO31)
33-33 Now-East of this South to North line is now all apartments and 2 schools (#30 & #31)
(MM30 to H38)
34-34 North of this West to East line is now all apartments to the road. North of that is a GM/Daewoo
Plant. (N to U &20-43)
35-35 ROK Army Camp 1968-69 was a ROK army camp starting in 1946, have photo showing
surrendered Japanese field artillery lined up near north edge) ( and see #32 now a park)
(WW20 to OO31)
36-36 Co B, USA ASCOM Depot barracks vicinity, 1968-1969 (GG22)
37-37 Co A, USA ASCOM Depot barracks vicinity, 1968-1969 (HH24)
38 Main Post Exchange 1968-1969. Photo Asc52.jpg taken 1957, main PX was in same
spot 1968-1969, building #1295 (F21)
39 177th Replacement Co (Enlisted) vicinity(800 beds), 1968. (U-BB-20-22)
40 NCO Club, building #1432 (MM20)
41 STRATCOM area (DD21)
42 Brick Chapel in Hq&Hq Co area was in 1948 photo and still standing in March 1969. Building
#1638 (see Asc17.jpg) (GG34)
43 Photo Asc51.jpg was taken from about this location in 1957 and shows the southern wall across
ASCOM Depot. (MM23)
44 Mess hall Hq & Hq Co, USA ASCOM Depot, building #1640 (HH35)
45 Gate #8 (NN21)
46 Dreamboat Club, see Asc10.jpg & Asc9.jpg photos, across road from gate #8 (NN21)
47
48 Main Theatre (GG20)
49 Quartermaster Laundry, building #1466 (KK16)
50 6th Medical Depot area (NN15-RR16)
51 121st Evac Hospital Motor Pool area (NN12)
52 Gate 1a, Main entrance to ASCOM Depot proper (EE28)
53 Location Asc11.jpg photo, taken from fence line aiming NE thru gate showing guard shack (GG34)
54 Depot maintenance section, Asc14.jpg photo, now included in Buwon Schools, see 30 &31 above
(LL&HH -31to33)
55 21st Finance Co, 20th Gen Support, building #1430 (LL20)
56 20th General Support barracks (CC24)
57 20th General Support mess hall (BB24)
58 Think was location of Hq Co, 335th Maintenance Bn in 1968-69, now (2011) GM/Daewoo Plant (F-36)
59 8th Army Stockade (on large map only, not on small map, or Emap)
60 Sewage Disposal Plant (KK41-42)
61 Helipad 121st Evac Hospital (HH17)
62 121st Evac Hospital area (HH-JJ-MM-16-17)
63 Back depot gate, gate #4 (J40)
64 PDO (O28)
65 Baseball field (JJ25)
66 Softball field (KK34)
67 Gate #7 (RR17)
68 Gate #23 (never opened in 12 months I was there) (GG38)
69 Gate #5*
70 Gate #7a (pedestrian labor gate) (RR17)
71 Water treatment Plant (MM11)
72 Gate #1 (LL26)
73 Gate #1a (EE28)
74 Gate #9*
75 Gate #10 (Q12)
76 Gate #11 (U12)
77 Gate #12 (U12)
78 Gate #13 (TT15)
79 Gate #2 (MM31)
80 Gate #6*
81 POL Dump (OO17)
Cut and pasted most of this from an email sent about a week ago to those who
had contacted me. Hope everything works out or not will edit and try again. Just don't
want to type the whole thing over.
If anyone needs copies of photos referred to, contact me.
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