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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
Fehlschlag
Hello, I'm just wondering if I have a chance at all with my claim. I'll go over all of the details so an educated guess can be made.
I served in the USAF for a little over a year, no mental issues whatsoever prior to service although somehow my SMR's state depression started before service and I had a past suicide attempt. I think they must've misheard me because I tend to mumble a lot now. A few months after arriving at my new base to receive final training for my job I was hospitalized and diagnosed as bipolar 1 disorder (now diagnosed as schizoaffective disorder) They discharged me saying it existed prior to service based on the incorrect information in my records that stated depression was experienced before service and the suicide attempt in high school.
I have sent 21438's from myself, my wife, and my mother stating that depression didn't exist whatsoever prior to service and there were no suicide attempts at all. Along with this I have sent a letter from both my psychiatrist and psychologist. My psychologist stated that "more likely than not" my condition was incurred or began during military service. My psychiatrist stated that my initial episode was triggered by military service, and my condition is a result of experiences during military service.
I have had my C&P exam and the examiner stated: " he had what appears to be his first break of psychosis while on active duty and was hospitalized." blah blah blah "The veteran is competent for VA purposes while compliant with medication. He is employable only in a very limited setting in which he would have little contact with the public, very predictable expectations for performance, and very limited changes in environment due to sensitivities to stress."
Diagnoseses:
Axis 1: mood disorder NOS, w/psychotic features
axis2: none
axis 3: see c-folder
axis 4: Stressors are chronic and severe
The psychiatrist, however, keeps telling me that the VA will not accept service connection and claims the outlook is dim for me because my condition would've developed anyways. However, he knows nothing of how the VA works so I try not to take his statements to heart.....I really just don't like they guy. He won't help me with much of anything he just keeps trying to shove me back into work but both times I've tried to return to my job my symptoms flare up and I end up unable to continue working.
My psychiatrists negative outlook on the outcome of my claim is why I'm here asking for input. It keeps running through my head, I need more input negative or positive, just lay it on me please. Waiting for the decision is killing me.
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