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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
Continue Reading on HadIt.com-
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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
handyman
My father's application for compensation or pension (form 21-526) dated June, 1978 lists the following under nature and history of disabilities.
"Heart condition developed while in service in Korea has been evident ever since, causing me considerable trouble, shortness of breath, easy fatigue, chest pains, migrane headaches and nervousness. Left knee and back injury-on the job, Aug, 1969."
Report of medical examination for disability evaluation (form 21-2545) dated August, 1978 again lists the following under sec. b-medical history since latest va exam. as related by person examined.
"Heart condition developed while in service 1953-1954 while stationed in korea. Since then I have had considerable trouble with it. It has been the cause of my shortness of breath, easy fatigue, and constant chest pains,, migrane headaches and a very bad case of nervousness. In 1969 I suffered an on the job injury on my left knee and back. This injury has caused considerable trouble and discomfort since then, and has progressively gotten worse through out all these years. Feels as if an arthritic condition has developed on my entire back and left leg. My knee seems as if it is semi-stiff all the time and I am always experiencing a dull ache there."
Listed under diagnosis in medical exam.
1. No history of heart disease found. History of paroxysmal tachycardia recurring.
2.residual injury right shoulder.
3.history of injury left knee.
4. recurring l.s. muscle strain.
Statement in support of claim(form 21-4138) dated Mar, 1978 again lists the above mentioned complaints.
Rating decision dated Sept, 1978 states.
Service connection for heart condition; NSC pension.
Mr, XXXX claims disability for a heart condition, a back injury, a shoulder injury and a left knee injury. On the current examination, x-rays of the right shoulder, left knee and lumbar spine were negative. Clinically there was a moderate loss of motion of the lumbar spine. Motion of the right shoulder was limited to approximately the horizontal. No clinical findings of the left knee disability are shown. There was a non-service connected gun shot wound of the right upper thigh, the only findings were well-healed scars. blood pressure readings were within normal limits, the heart was not enlarged, there was a regular sinus rhythm and normal EKG. There was mild tachycardia. The examiner states that there was no heart disease found, and indicates a history of paroxysmal tachycardia.
We have been unable to obtain complete service medical records. However, we do have seperation examination for each period of service. These examinations show normal blood pressure readings and a heart condition is not shown either clinically or by history. Service connection is denied for a heart condition, as it is not shown in service.
Rating decision dated Nov, 1978 states.
effective date of pension benefits is granted from Dec, 2 1977.
8. NSC WW11, PTE, KC
7013. 0% Paroxysmal Tachycardia.
2. PT WW11 from 12-2-77
5201. 20% residuals, right shoulder injury
5295. 20% lumbosacral strain.
5257, 0% right knee injury, by history.
7805. 0% gsw scar, right side.
NSC COMB: 40%
Why were his complaints of migrane type headaches and a very bad case of nervousness not addressed in the medical examination for disability evaluation. Clearly these were sign and symptoms of shell shock(PTSD after 1980's). My father did receive a 100% service connected disability rating for PTSD in 2008, he died of Lymphoma in 2010. If all his medical complaints stated on his application for compensation or pension were not examined or addressed, does this constitute a clear and unmistakable error on the va's part? Would my father have received a 100% service connected disability rating 10 years prior to his death?
My father served proudly in the army from April 1946 through Oct. 1947 and from Jan 1948 to Apr, 1954. A veteran of World War ll, Korean War and peacetime.
Any thoughts or ideas welcome
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