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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
j92mike
When I first found this SSD section I thought I had made a mistake filing before I was service connected for any of my conditions.
I applied a couple of months ago and was initially denied because I hadn't finished the adult disability report. (My mind was so full of stuff SS got lost in my head) When I got the denial letter it did say that I qualifed earnings wise. Going off the point system I'm 24 and smashed the points I needed to qualify.
When I thought I would be denied again cause they wouldn't consider me disabled I found this in the impairments section
1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With:
A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine);
OR
B. Spinal arachnoiditis, confirmed by an operative note or pathology report of tissue biopsy, or by appropriate medically acceptable imaging, manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours;
or
C. Lumbar spinal stenosis resulting in pseudoclaudication, established by findings on appropriate medically acceptable imaging, manifested by chronic nonradicular pain and weakness, and resulting in inability to ambulate effectively, as defined in 1.00B2b
That's all I needed to read to know I made the right decision. I haven't worked a real job since I was in the military I ETSed june 2010. In 2011 feb thru april I think I worked a weekend job as a security officer there were many reasons I quit one being is was an unarmed position I was by myself and walking around the University building killed me. Not only that I kept waiting for someone to jump out of a room to kill me, I was already a paranoid individual but that place took me over the edge. I'm in 75% worst condition than I was a year ago.
My conditions make the most basic things in life difficult for me from getting dressed to holding my kids (24months and 6months)
When it comes to doing what I did before in service I was a Motuary Affairs Specialist 92Mike. I spent most days lifting and laying out the refers and some training transporting and processing remains. However because of my depression and anxiety brought on by the first deceased solider I ever saw I can't do it. The most a 92mike translates to in the civilan world is the person that comes and picks up the human remain. I can't work in the morgue because all that morgue stuff is handled by the Airforce wasn't in my job description. As for being a security guard the walking standing sitting climbing stairs won't work for me, I can't take one step without feeling pain and sometimes lose my balance one leg or another give out on me. Before service I worked at Disney World while I was in high school another weekend job, I stood up all day and made ice cream cones and dealt with the tourists. Something I really can't do now, I can hardly stand being around people in the supermarket. I don't have any friends. You people on Hadit are the only people I have spoken to in months besides my Grandmother my husband and the therapist from C&P exam back in March, and the bill collectors that call every day
I do have many other conditions that keep me from working as well everything I could remember I wrote down when I applied online although they only give you enough room for ten conditions at the end in the remarks page I listed everything.
I wish I had found this SS section of the site before I applied I would have gotten specific with how my conditions keep me from doing certain things.
Anyway I reapplied Saturday I think I can't remember but it was a few days ago, I'm waiting on the letter saying they got it and I will make a copy of my military medical records and take them to the office since I can not afford to send 300 plus pages through the mail.
Any advice would be great, I know it's not an open and shut process, I'm just glad to get the process started and hope to be approved before my kids are my age.
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