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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
id_firefighter30
I send this out every year I just want to say to everyone please remember those still serving in our armed forces and those that have served and Merry Christmas to all
Twas the night before Christmas, he lived all alone
In a one bedroom house made of plaster & stone.
I had come down the chimney with presents to give
And to see just who in this home did live.
I looked all about a strange sight I did see,
No tinsel, no presents, not even a tree.
No stocking by the fire, just boots filled with sand,
On the wall hung pictures of far distant lands.
With medals and badges, awards of all kind
A sober thought came through my mind.
For this house was different, so dark and dreary,
I knew I had found the home of a soldier, once I could see clearly.
I heard stories about them, I had to see more
So I walked down the hall and pushed open the door.
And there he lay sleeping silent alone,
Curled up on the floor in his one bedroom home.
His face so gentle, his room in such disorder,
Not how I pictured a United States soldier.
Was this the hero of whom I’d just read?
Curled up in his poncho, a floor for his bed?
His head was clean shaven, his weathered face tan,
I soon understood this was more then a man.
For I realized the families that I saw that night
Owed their lives to these men who were willing to fight.
Soon ‘round the world, the children would play,
And grownups would celebrate on a bright Christmas day.
They all enjoyed freedom each month of the day,
Because of soldiers like this one lying here.
I couldn’t help wonder how many lay alone
On a cold Christmas Eve in a land far from home.
Just the very thought brought a tear to my eye,
I dropped to my knees and started to cry.
The solder awakened and I heard a rough voice,
“Santa don’t cry, this life is my choice;
I fight for freedom, I don’t ask for more,
My life is my God, my country, my Corps.”
With that he rolled over and drifted off into sleep,
I couldn’t control it, I continued to weep.
I watched him for hours, so silent and still,
I noticed he shivered from the cold night’s chill.
So I took off my jacket, the one made of red,
And I covered this Soldier from his toes to his head.
And I put on his T-shirt of gray and black,
With an eagle and an Army patch embroidered on back.
And although it barely fit me, I began to swell with pride,
And for a shining moment, I was United States Army deep inside.
I didn’t want to leave him on that cold dark night,
This guardian of honor so willing to fight.
Then the soldier rolled over, whispered with a voice so clean and pure,
“Carry on Santa, it’s Christmas day, all is secure.”
One look at my watch, and I knew he was right,
Merry Christmas my friend, and to all a good night!
70% Depression
50% OSA
10% L knee
10% L Ankle
10% R Elbow
10% Tinnitus
10% R Ankle
10% R knee
10% L ankle scar
10% R ankle scar
100% P&T
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