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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 rating
Picked 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.
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Lemuel, -
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Question
logoserver
I ended up in the hospital with a CK level of 34000 after doing over 300 push ups for PT. We received a new plt sgt and all we did was run everyday 3-5 miles (no stretching) to include thursdays and also our post had change PT to the afternoon. We did nothing but run for about two weeks and out of no where he wanted to do something call 7Heaven. This happen on a tuesday so throughout the week I was thinking I just had soreness on my triceps. That Friday my wife force me to go to the hospital because i could not feed myself or hold my newborn and had a pulsating pain. I was hospitalize for about two days and five days of convalescent leave. I was diagnosed with Rhabdomyolisis and later when I had another episode be call by doctors as chronic rhabdomyolisis. Since than when any time I even do 20 push ups or anything physical that requires me to lift things or be on my feet for majority of the day... my legs begin to hurt (my second episode was because my legs we hurting my ck levels went high.)
Well the problem I am facing is that the rheumatologist is saying that I could not have gotten rhabdo (that high of a level or chronic) just from exercising that there must be something else. He I am currently pending approval to go to the University Center in Scottsdale, AZ to see a muscle specialist and testing. Because that is what the second neurologist that I've seen recommends. He (rheumatologist) also mention that I might now be able to stay in because of the rhabdo and that he had already discharge three other soldier for high ck levels even with undiagnose reason. I cannot find any information if I will recieve medical benefits and/or compensation or if I can be medically retired because of this. I asked the doctor if I would receive benefits after if I get discharge he said yes but I well know that he is not the approving authority.
By the way I have always been able to do physically demanding activities such as 6.2miles ruck/run......always passed my APFT....I've always been strong....I am currently in the 25 series but I use to be 88M and had no problem being part of a HET platoon for two deployments.
I don't have any family history of muscle problems. Everyone that hears about this always mentions that it's something related to individuals just joining. I have seven years active duty. DOES ANYONE KNOW ANYTHING RELATED TO MY SITUATION?
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