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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.-
- 4 replies
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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.
Picked By
Lemuel, -
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Question
carlie
Gulfport Gabber:
Published: May 27, 2011
http://www.thegabber.com/the-gabber-pdf-archive-cms-106
"Page 4
Stetson Opens New Veterans Law Institute
GULFPORT—Stetson University
College of Law is opening a new
Veterans Law Institute on May 31.
The institute will serve the growing
population of active duty military,
veterans and their families in the
Tampa Bay area, one of the largest
concentrations of military veterans
in the U.S. The institute’s Veterans
Advocacy Clinic will provide
representation to veterans seeking
government benefits as well as
those appealing decisions denying
benefits.
The Honorable Bruce E. Kasold,
chief judge of the U.S. Court of
Appeals for Veterans Claims, will
present the keynote address at
the opening of Stetson’s Veterans
Law Institute. The ribbon-cutting
ceremony begins at 12 p.m. at the
new Veterans Law Institute, 6101
13th Ave. S. in Gulfport, adjacent to
Stetson’s Gulfport campus.
Parking will be available at
Stetson’s main campus at 1401
61st St. S., Gulfport. Visitors with
mobility issues may be dropped off at
62nd St. S. and 13th Ave. S. In the
case of inclement weather, the event
will be moved inside the Great Hall
on campus.
The ribbon-cutting ceremony
will include music, a color guard
presentation, the singing of the
National Anthem, and a tour of the
facility that will house Stetson’s
Veterans Law Institute.
•••
Page 24
Seminar to Aid Veterans
Largo- The armed Forces History
Museum will host the Maggi
Veterans Solutions Seminar for
Veterans and surviving spouses on
Saturday, June 2nd from 11a.m. to
1 p.m. in the Officers’ Club of the
Museum. admission is free. global
Mobile Diagnostics will also be on
hand to provide complimentary free
thyroid tests. refreshments will be
served.
Veterans and spouses sometimes
miss out on unclaimed financial
reimbursement for aid and
attendance. aid and attendance is a
Veterans Affairs (VA) income benefit
designed to provide supplemental
income to older veterans who lave
low income or have high medical
expenses. Those most likely to
qualify are veterans and surviving
spouses in assisted living, nursing
facilities, or those receiving at-home
care. To qualify for aid and
attendance, veterans and surviving
spouses must prove they need
assistance on a daily basis. There
are many conditions that may be
considered by the Va in determining
eligibility including assistance
with bathing and other hygiene,
assistance with dressing, undressing
and grooming, and supervision with
daily living activities so as not to
harm themselves or others around
them.
Maggi Veterans Solutions offers
valuable information regarding aid
and attendance. Through their
partnership with professionals
across the nation, they assess, at
no cost to veterans and surviving
spouses, eligibility for the benefits
and evaluate the best course of
action to qualify for federal long-term
care assistance. Maggi Veterans
Solutions complimentary services
may help veterans and surviving
spouses earn up to $1,950 per month
tax free.
For more on Maggi Veterans
Solutions, visit www.maggivets.com.
•••"
Gabber - Stetson - Help With VBA Claims - carliecash@gmail.com - Gmail.html
Carlie passed away in November 2015 she is missed.
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