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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
DblTap1
I am trying to decide if I should file or let it go. Any advice would be appreciated.
These are the items I have issue with
BiLat Pes Planus and plantar fasciitis 10%
-Based on their own guidance this should be higher. 30% would be fitting
Left ankle posterior tibial tendonitis 0%
Right ankle posterior tibial tendonitis 0%
-Findings for the left and right state a higher evaluation of 10% is not warranted unless the evidence shows: Moderate limitation of motion of the ankle; or, painful motion of the ankle. I was prescribed and wear hard plastic and Velcro ankle braces for just that. I don’t know what the ratings are for this but without a doubt both should be higher.
Right knee condition to include meniscal tear 0%
-Your VA exam also note that you to have left knee strain. If you believe this condition is related to service, submit evidence showing a nexus to service for consideration. (Left knee wasn't on claim)
My left and right knees are shot, along with both hips.
It is my belief and that of my PCM that the Lumbar, hips, and knees are a worsening result of the pes planus. I understand that I will need a Dr note stating this. Is there anything else I would need? My PCM is already scheduling me for a left hip arthrogram. I have already had two surgeries on the right for cartilage issues.
Q-Regarding the non SC items, if “new” evidence is needed, does anyone have any ideas of what I could provide or how to approach this? They have in service records already.
Q-I have seen on various websites that feet problems can cause problems with knees, hips and back. I know I have banged up those areas pretty good while in service but I have been off active duty and unemployeed for two years now and they're getting worse and developing more problems so it has to be from my feet. How do I get the VA to consider this?
Thank you!
11B & 11M 1991 to 1994
35E, L & B 1995 to JUN2012
Germany, Honduras, Guatemala, Panama, Nicaragua, Columbia, SW Asia
TDRL 70% - JUN2012
17.8yrs AD, 21.5 total
973 days for initial VA claim
Current VA Status: 100%
"May the soldier be in heaven a half hour before the devil knows he's dead"
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