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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 rating
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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.
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Lemuel, -
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Question
82airborne
Well this is a new thread. I have completed a 16 week course of psychotherapy in a group of about 10-15 people. I have realized I prefer being alone away from strangers. I hate going to hospitals and it's a bunch of STrANGE individuals around me. Right now I'm feeling extra jittery lightheaded shaky all of the above. My question is how will psychs are MEDS stop these crazy thoughts that I have. Will I stay jittery. I swear I take about close to tn pills a day my primary are physician says that my liver points are up. It could be because of the pills I don't know. That's one reason I been paranoid of going to the doctor. When I didn't go to the doctor all my lab results was fine. Now that I keep current with doctors it seems my health s getting worse and worse. Ok I'm 90% disabled my income is ok and stable but it as done nothing far as my mind and the way I think. So I realize like a said months ago no money in the world would benefit you if your mind isn't right. So yes I plan on staying in therapy just not group counseling. I will only leave the house for doctor visits and psych visits. I will avoid being around strangers because I still have a very violent side that's easily provoked. This February I turn 40. Will I part I doubt it. I have no real. Desire to party with others. Even with my family I have mild desires of being with. So this is where I'm at right now. My insurance waiver has been waived for 10,000 dollars of insurance I called the insurance to check and make sure I was right because in my health right now death. Is certan to my future. I told her I was 90% disabled and my fees was waived she said the only way it was waived if I was Lund totally disabled. So I guess they got me at 10O% disable they just haven't told me. I don't know. I plan on calling the 800 number to check to see if I need to submit anything for the tdiu part of my claim. OOOOH well today starts a new chapter of my life after group therapy. Once again THANX for having me one more time. This place have helped me get through many miserable nights when insomnia reared it's ugly head after I wrote out my thoughts on here I was able to go to sleep so I guess venting helps
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63SIERRA
being anti social aint so bad, I dont like most humans either, my dogs are all I need, and wife and kids to hell with everyone else.
63SIERRA
many animals are loners, badgers, bears, hermit crabs, wolverines, .. think of it this way, when u were in the service, you had no choice of the day to day people u were forced to co exist with. you h
Navy04
I am with you guys. I used to be so open and now I sold my house in the city and Moved to the Country on the lake. All I need is my wife, daughters, dog and a few Coyotes every not and then. I don't t
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