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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
JimE
I was discharged from the USMC honorably in 1987 at the age of 20 (a week shy of 21). My occupation in the USMC was an Avionics Technician on helicopters so I was constantly working on aircraft while out on the flight line with the engines running. I also always wore the proper hearing protection provided by the USMC at the time.
During the year prior to discharge I started failing hearing tests at certain higher frequencies. To the point that the doctors removed me from working on the flight line for a few months to see if there was an improvement to which there was a slight improvement but not enough for the doctor. He even mentioned the possibility of a discharge but at that time I was within 3 months of getting out so told him there was no need. He insisted that I make sure as soon as I get back to my home town that I go and register with the VA to make sure I get a claim in for my hearing loss even if it is 0% because I my need the VA's help with earring when I get older. I did as he insisted within weeks of discharge.
It didn't take long and I received a rejection notice from the VA. The VA claimed that my hearing loss was due to listening to loud music prior to entering service. So I ordered a copy of my medical records (which came on microfiche) and made copies of the specific pages of my record showing my hearing test were perfect scores upon entering service and failing prior to discharge. Not to mention medical visits specifically for hearing issues while I was active duty. I wrote this up and sent in to which they denied again. They also stated that I could appeal with an attorney and had one year to do so, otherwise I would not be able to make this claim again without additional evidence.
I was 21 and soon after I accepted a great job and a few months later traveled overseas for work. With all the moving around the US and then overseas, this VA claim was the last thing on my mind so nothing ever happened.
Fast forward to now, 2012 which is 25 years later and I still deal with this hearing loss and ringing in my ears. I am gone many years of misunderstanding what my family members say due to brain misinterpreting some of the words that I can not hear well and especially from the female members of my family (it never goes over well to seem like you are ignoring your wife :) )
I had been thinking about trying to contact the VA about this issue and see if they will turn it around. I am not looking for the money so much as I am looking for their acknowledgement of the issue officially so it will be documented and they will take care of future doctor issues for my hearing or hearing aids, etc.
What can I do. We are in a kinder, more politically correct America, is there a chance I can get the VA to pay attention even though I don't have any new evidence that I am aware of?
Your thoughts / help is appreciated.
JimE
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