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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
warren
I was awarded 90% for Parkinson's effective April 15, 2011. Filed for IU and was granted back to last day worked (08/01/11). I then filed NOD for EED for Parkinson's. The RO didn't understand what I wanted and denied my NOD for EED. I appealed the decision and was granted an EED of 08/31/10, when Parkinson's was added as a presumptive disability to agent orange (They still don't understand my 2nd appeal). The RO had a doctor at VAMC to do a medical opinion DBQ on my appeal for EED and the doctor stated that it is as least as likely as not that the veteran's tremors are related to his now service connected Parkinson's dating back to September, 2006.
The RO reasons for decision: The appealed decision denied entitlement to an effective date earlier than April 15, 2011 for Parkinson's. DE NOVO review shows that on November 15, 2010, VA received your claim for service connection for Parkinson's. VA granted service connection effective 04/15/11, which was the earliest date that records established a confirmed diagnosis of Parkinson's. Review of the evidence submitted with the claim (my second appeal) documented neurological tremors dating to 2006. Your file was provided to a VAMC physician for review. The reviewing physician concluded that the neurological tremors documented in 2006 were likely related to Parkinson's. The examiner also concluded that based on review of all records and your provided history, this is the earliest reasonable date for likely onset. Since your claim for Parkinson's and evidence associate with Parkinson's was not received prior to the date of law change, this is the earliest date (08/31/10) that service connection may be granted. Your rating decision represents all claims we understand to be specifically made, implied, or inferred in that claim (my 2nd appeal). They also applied the benefit-of-the-doubt.
Berta, I hope you see this post! In my 1st and 2nd appeal I stated that I was asking for an EED for Parkinson's based on my claim I filed on 11/19/2002, for neurological disabilities which reasonably can be construed as PD. Under Nehmer it states a diagnosis (page 16 of Training Guide dated 02/10/11) is not needed and that the terminology didn't have to be correct. I also included Page 17, 20, 21, 31 and 32, of Training Guide. On page 32, it says if there is any doubt about whether or not an individual is a Nehmer Class Member, readjudicate the claim. Now that they gave me benefit-of-the-doubt on my appeal for EED, do you think this would be positive for my 11/19/2002 claim? On their decision they didn't mention Nehmer, but I did.
The physician at VAMC gave the medical opinion that the earliest date that could be used is September, 2006, is what evidence the VA considered. The physician lied on his report: He said he used my VA claims file folder, VAMC records and private treatment records to get his medical opinion as to whether the symptoms noted in the records are early stages of the now diagnosed Parkinson's. My VA file folder contains personal medical records from 1997 through 2010, stating abnormal neuro tremors. He lied on this also as I was seen by a neurological/movement specialist at the Richmond VAMC by Tele-Medicine. His impression is that I am inclined to think the veteran has had Parkinson's for 15 years. The local VAMC physician that gave his opinion states that the specialist at Richmond relied
on my self-reported history of tremor beginning in the 1990's. However, there is no documentation in the medical record for that time period. For that reason, this examiner feels that documentation back to 2006 is the earliest reasonable date for VA purposes. What should I do? Your opinions would be greatly appreciated. Berta, I used your advice concerning Nehmer and I thank you.
GOD BLESS
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