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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
talon
Hello Fellow Veterans,
I am new to this forum, and I ask therefore that you momentarily indulge any errors that might materialize.
I have been on virtually uninterrupted disability compensation (100%) since 1969 due to injuries received
in Vietnam while in combat. I use the word "virtually" judiciously since it was interrupted in error by the VA
about a year ago for a period of about a month before it was resolved, i.e., the va claimed that I had been
overpaid an enormous amount of money since I had allegedly failed to respond to a written questionnaire
addressing my current mailing status-- a request that I never received. In any event, with the assistance of
the OIG, the matter was quickly resolved in my favor.
Insofar as the instant problem is concerned, it is essentially thus: while I was reviewing my bank statements
today, 8.9.11, I noticed that there had been deposited into my account an amount of $716.00 on 23 August, 2011.
The notation on my bank statement was identical to my normal monthly deposit, to wit:
US Treasury 310 DES: xxVA BENEF ID: (my ss number) 00 62 INDN: (my name).
The amount, as mentioned supra, was for $716.00. The problem is that I have no idea what this deposit
is related to or why it was deposited to my account, and in light of the aforementioned faux pas by the
VA, I certainly do not want any time to pass without its resolution.
I have tried telephoning the VA at 800-827-1000, but all I receive is a menu of options, none of which
address my current problem and offering no human with whom to speak. I have tried googling the
internet under the general heading of "reporting suspected overpayment" and its assorted variations,
and I again have drawn a blank.
The only option that I have uncovered which might offer a resolution is the telephone number of
The Inspector General's office, but this appears to address a third party reporting the deliberate fraud
of another.
MY question then is this: does ANYONE know how to contact the VA by telephone and either
question the provenance of an electronic deposit or alternatively report an overpayment so that
it can be returned to the proper authority/department?
I very much appreciate your patience and indulgence with this fumbling correspondence.
Thank you.
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