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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
sparkle
NO I AM NOT CRAZY!!!
HI ALL, IT'S SPARKLE TRYING TO GET SOME FEEDBACK. I AM THINKING ABOUT FILING A APPLICATION FOR CORRECTION OF MY MILITARY DISCHARGE RECORDS. I WAS ADMINISTRATIVELY WITH HONORABLE CONDITIONS. I WAS SERVICE CONNECTED WITH DISABILITIES INCURRED BY TBI AND DEPRESSION AND THIS WAS STATED IN MY SMR ON DISCHARGE, AND GOT A RATING AS WELL AFTER THE DISCHARGE. ALL MY SMR ARE FOR MEDICAL/MENTAL CONDITIONS. SO COULD SOMEONE PLEASE TELL ME WHAT IS A ADMINISTRATIVE DISCHARGE/ WHAT DO IT STAND FOR? SO I WILL BE FILING FOR A MEDICAL DISCHARGE. THIS WAS ERROR AND A INJUSTICE. THE REASON I SAY INJUSTICE IS BECAUSE MY MY DISCHARGE SAYS;
NATURE OF EXAM:
POST TRAUMATIC SEIZURE DISORDER
AIRMAN ----HAS A PERSONALITY DISORDER AND IT IS RECOMMENDED THAT SHE BE SEPARATED THROUGH ADMINISTRATIVE CHANNELS WITHOUT DELAY. THIS LETTER HAS THE CONCURRENCE OF THE HOSPITAL COMMANDER. (NOW THIS SOUNDS LIKE A MEDICAL REASON TO ME. NOW THAT'S NOT ALL OF IT. THIS IS GOING TO BE LONG SO GET YOURSELF A CUP OF JOE, OR A SMILE AND COKE. )
LINE OF DUTY DETERMINATION (AFR 35-67) ; PATIENT WAS ON ACTIVE DUTY. PATIENT FELL GOING UP STEP TO HER BARRACKS ( NOT SO FELL GOING DOWN), STRUCK HEAD AND PASSED OUT, UNCONSCIENCE LESS THAN 5 MIN. PATIENTS NOW COMPLAINTS OF SPOTS BEFORE EYES AND FREQUENT SEVERE HEADACHES, RECURRENT SYNCOPAL EPISODES. PATIENT HAS HAD MORE THAN FORTY EPISODES SINCE TRAUMA. LOD FORM WAS NOT INITIALTED AT LACKLAND AFB. (IF YOU HAD TO GO TO THE DR'S THEY SHOULD HAVE A RECORD OF ALL THIS RIGHT?) MY COPIES ARE NOT THAT CLEAR, BUT COULD MAKE THAT PART OF IT OUT. NOW THAT WAS ON JUST ONE OF THE REPORTS DATED APR 12, 1982.
THE RECOMMENDED FINDING WHICH COINCIDES WITH THE RECOMMENDTION OF MEDICAL EXAM. OCT 26 1982 THIS WAS SIGNED BY THE COMMANDER (CAN SEE THIS REALLLLL GOOD)
NOV 18, 1982. (CHECK MARK IN BOX BESIDE THIS STATEMENT). APPROVED ON NOV 18, 1982.
PSYCHIATRIC CONSULTATION;
PSYCHOMOTOR ACTIVITY IS INCREASED---OVER GESTICULATES. ADMITS TO THOUGHTS OF SUICIDE ONE TIME IN THE PAST. SHE FUMBLES WITH PROVERBS BEFORE GIVING A GOOD ABSTRACT ANSWER.
DIAGNOSIS; HISTRIONIC PERSONALITY DISORDER.
DISCUSSION AND RECOMMENDATION; INDIVIDUAL WILL NEED YEARS OF PSYCHO THERAPY FOR ONE TO SEE SOME MODIFICATION IN THE MASSIVE DENIAL WHICH IS HER PRIMARY DEFENSE AGAINST ANXIETY. IT IS RECOMMENDED SHE BE CONSIDERED FOR SEPARATION IN ACCORDANCE WITH ARF 160-43, CHAP. 5-15, PARA D. DSM CODE 301.50. COMPLETE PHYSICAL EXAMS IS NOT CONSIDERED IN THE BEST INTEREST OF THE PATIENT OR THE AIR FORCE (WONDER WHAT THAT MEANS. YOUR COFFEE IS GETTING COLD MAY NEED TO REHEAT IT).
THIS IS FROM A DIFFERENT PAGE
INDIVIDUAL IS NOT AUTHORIZED DISABILITY PROCESSING LAW OR IAW (NOT SURE) AFR 35-4 AND A COMPLETE PHYSICAL EXAMINATION IS NOT CONSIDERED IN THE BEST INTEREST OF THE AIR FORCE (NOW WHAT DO THAT MEAN? NOT IN THE BEST INTEREST OF THE AIR FOR FORCE DO TELL). RECOMMEND ADMINISTRATIVE ACTION. SIGNED BY THE COMMAND SURGEON DATED JAN. 7 1983. NOW THIS IS SOOOOO FUNNY GUYS.
BEFORE RECOMMENDING THIS DISCHARGE, I DID NOT CONDUCT REHABILITATION EFFORTS DUE TO THE NATURE OF THE PSYCHIATRIC FINDINGS (SOUNDS LIKE I AM SO BROKEN I CAN NOT BE FIX OR WORTH REHABILITATION).
THAT IS WHY I FEEL IS SHOULD FILE FOR THE CORRECTION OF MY SMR TO MEDICAL.
HOPE SOMEONE WILL READ THIS CAREFULLY AND GIVE SOME FEED BACK. JOHN AND PETE YOU GOT YOUR HOMEWORK CUT OUT FOR YOU. I KNOW IF I HAVE YOU TWO GUYS CHECKING THIS OUT I WILL BE JUST FINE (ALL OTHER COMMENTS ARE WELCOME AS WELL SORRY DIDNT MEAN IT LIKE THAT) AND I SHOULD BE ABLE TO WIN ALL MY CLAIMS: TBIU, SSD, RATE INCREASE, AND CORRECTION OF RECORDS.
SO SIT BACK TAKE YOUR SHOES OFF BECAUSE IT'S TIME FOR THE *SPARKLE CLAIMS SHOW. LOVE YA ALL!!!!
*SPARKLE
*Sparkle
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