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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
Bigred122
I don't know why the VA makes everything so complex.In 2011 I asked from NPRC some records for my claim. Some medical records I received, none of my administration records, and was told that my Mental Health record had to be sent to a DR because of the sensitive nature within that record.( I assumed that someone must have read that file to make that conclusion) I jumped thru the hoops twice by furnishing them my Drs fax number.A month later I get this letter saying no record was found or exist.Along the same line, I listed a couple of mental issues I claimed for and received a letter back from RO that I was already denied in 01/1973 on a mental issue claim.I knew I filed on my knees, but don't remember any mental health issues. So I asked them for a copy of the denial.As of this date and 3 requests I still haven't received the information. I am looking at a DRO hearing this summer.Do I have any legal recoarse, with them stating that evidence exist and yet it either disappears or they just ignore my request.Is there any VA law precedent against them holding back or hiding evidence that is beneficial to my claims.I figure asking for information 3 times is enough of an effort on my behalf. OIG as done me no good in the past. 800 number is worthless.People I know say to go to an Org or VSO for help.But I don't see how either can make a difference any better than what I have already done.With the VA holding out on my medical problems,not willing to followup on testing for Leukemia.40 yrs of high WBC counts and many more signs of leukemia showing up on current tests.Enlarged spleen, growths on last part of thyroid, cysts on kidneys and they are trying to ignore my requests for testing. I checked out civilian cancer specialist and no way can I afford the testing. They seem to shy away with anything that can be related to AO. My last visit to dermatology confirmed that. I asked technican what does Chloracne look like. She said I don't know but you don't have it. Boy did that comment speak volumes.I thought there was cases where the VA withheld evidence, but I can't find them or how they were ajudicated.I don't know how much power these DROs have, if they will request from RO evidence I already asked for, or make a decision without it as if evidence never existed. Or penalize the RO and make a completely different decision on something not claimed for. My health issues already have a ticking clock on them. But now with this leukemia thing in play, I feel the hourglass has had some of the sand removed.So if any of you VA Law experts know of any cases I can look at on what to do it is much appreciated.I have finally found out how much shyte can be piled on to my brain before it tilts. Thank you for your help! Mike
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