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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
eric_christensen
Hello, I have a problem with a claim I opened up a while back. First off, I've been approved for my very first claim, the one I opened right before I was medically discharged. Then all the doctors, psychologists, VSO officers started telling me I should open a claim for another condition, or at least get help for it. So I did, and it didn't go very well (lets just say the psychologist over in the VA was everything other than helpful and caring). To make this short, they denied my claim. One of the reasons was that I wasn't showing up to my appointments in California. The problem was, I don't live in California. I currently live in Arizona (was supposed to be temporary (9 months) until they wanted to hire me on in December for 6 more months). I told them that and every single time I receive a voicemail, call, or a letter stating that I have an appointment, I ALWAYS call them back and tell them that I'm not in California anymore and there's no way that I can get into the hospital for that appointment. I even called the VA 1800 number and told them to change it and to have it on record that I'm not in Arizona. The thing that really confuses me is that they scheduled me over in California for a evaluation/appointment with a private doctor, and when I called to tell them that they need to schedule one over here, they told me it was okay and they'll find one for me here. Now the problem is, I never received that call for a reschedule (even though it wasn't very long ago, perhaps a week or so). And I just got a letter stating that I've been denied (I really can care less about money, I just REALLY want it on record that what I've gone through, and am going through, is related from when I was in the military).
I've been trying to call them and tell them that I told them I'm not in California anymore and that if they want appointments, they need to schedule them over here; but I have been unable to get a hold of them apparently from the high volumes of calls...sigh.
Another reason they told me I was denied was because of the lack of evidence that was recorded while in the military and even when I was out of the military. Well yea, the first psychologist I went to in the military was a civilian contractor and she actually had the audacity to blame what I was going through, on VIDEO GAMES (umm wtf? I BARELY even played video games, let alone anything that remotely had resemblance to what I was going through, anyways, video games?????). The second one wasn't interested or have experience in what I was going through, and the Chaplin would never call me back or answer the phone to help out.
I don't understand how they can say they're going to call and give me an appointment, and then don't and deny my case. I live and work in Flagstaff, and since there's no VA hospital here, I would have to drive 100+ miles to Phoenix's VA and get an appointment there. I currently work mon-fri for a typical 8 hours, and where I live/work, I don't have cell service. It's a huge pain and I feel they don't fully understand where I'm at, or care about it.
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