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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
twresamarie
so i now have everything rite infront of me
dec 07
filed for increase for back/knee/ and IU
aug 08
they increased the back and knee, IU denied b/c you have not been found unable to secure or follow a substantially gainful occupation as a result of s/c disabilities. was only increase to a total of 60%. (40 back, knee 20) they didn't grant extra-schedular (i think b/c only 2yrs out of work, and 8m out of school chp 31 at that time)
oct 08
filed for secondary s/c for hip and other knee strains
oct 09
granted using c&p exam feb 09 (hip/knee) doc suggested using a cain. now met schedular, no earned income, no school.
oct 09
filed for just IU
apr 10
denied: but they say 'REMAINS' denied. my claim for IU was considered REOPENED. but denied b/c the evidence does not show "the the claiment is unable to secure or follow a substantially gainful occupation as a result of s/c dis."
(i dont think this makes sense)they go on to say
you meet the schedulat req. for this benefit but the evidence of record doesn't show (same as above)
:EVIDENCE:
notification from SSA dated apr 10
misc medical treatment reports submitted by me from aug 05 to jan 07 (remember this was denied once again in 2009_lol)
my fm 21-8940 oct 09
rating decision oct 09 (WTF)
apr 11
filed NOD with copy of the form my CPC filled out for SSDI, now aint that funny...lol
jun 11
"we received your appeal election form indication anotice of disagreement for back condition, (say what) the records show the VA rating dated aug 08 and the notification of this decision was mailed aug 08. you have one year from the date of mailing the notification of the decision to appeal. when the time limits expire, the decision becomes final. (duh) No further action will be taken on this appeal.
so where in the hell did my back come into this is what i am wondering.
what is going on with these people?
does anyone have a clue
letter gen. on ebenefits, shows new amount (correct with IU) but same %. will this stay as is. dated for the day after my child was born.
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