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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
dav_marine72
Hey Everyone,
Wow I thought I'd seen it all, not even close. So I go for my sixth mental health exam in nine years. I'm still on appeal from original 30% then bumped to 50%. The CAVC ordered another round of exams for everything. I normally have the exam done by the same doctor at the medical facility I go to. Well apparently he was backed up so they send me to the other facility in CT. I filled out the doctor's intake form and clearly checked / stated I don't have a TBI and that I do have suicidal tendencies but not currently. So she conducts her exam. To my dismay she never asked me about suicidal tendencies or suicide at all. I don't share well and wasn't going to bring the topic up myself. It makes me feel weak that at times I do consider it because I get tired of living in constant pain. She also bluntly asked me what I was looking to get out of the exam. I told her I was on appeal since 2005 for this one and was looking for a higher rating based on the evidence and my symptoms. She was like but your already 100%. I said yes but I'm 94% on the schedule and want 100% so I can work and not get screwed with. I also stated that back pay was at stake. Mind you I struggle with work but I struggle more with my mind not working of some sort.
So she writes in her exam report, veteran is here today seeking a 100% rating for mental health service connection. At this time the Veteran does not meet any criteria set forth in the DSM for a mental condition. I believe his daily anxiety and panic attacks are a result of detoxing in between his opiate doses. I feel if he was on proper dosing of opiates his mental issues would disappear. She also states in her exam I have a TBI. Then as a final kick you when your down (remember this is an increase exam) she finishes her report by saying I do not believe the Veterans mental health symptoms are due to his military service.
Well first let me say I am on 120 mgs of Morphine and 25 mgs of dilaudid daily. I don't think more opiates are the answer. Second I love how she twisted my words and made me look like a scammer asking for 100% for my mental condition which I don't believe I rate. 70% is what my lawyer and I were shooting for based on my symptoms. Third my mental condition is secondary to my back condition. Fourth she voided the exam by stating I had a TBI and not discussing my suicidal tendencies. Fifth detoxing between doses? It's called severe back and leg pain from a failed 3 level fusion. So I went through that BS just to have the exam thrown out. Gotta love it!
USMC 1st Battalion 1st Marines 1st Marine Division 91-95
100% P&T
"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."
George Washington
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Navy04
DAV, My sister lives in Bloomfield, 10 minutes from Hartford. Sorry to hear of your troubles. I had 6 C&P exams last week for my FDC increase, one being PTSD increase, because I was lowballed
john999
Marine-72 That was a bad exam. You need an IME to offset what that prostitute had to say about you. I can say that not bringing up your suicidal thoughts was a mistake. You need to t
Navy04
DAV, We are on your side all the way. We know that none of us that truly are sick, are fakeing it for the VA, it is just sad that we have to keep proving our disabilities to the VA, therefore havi
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