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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
rootbeer22
Folks:
I'm sure others had the same experience and I'd like to here other stories. During the mid 80's, I was involved with a serious Tank Accident and later a Tank explosion which are covered cleary within my records. Anyway, I went in for several C & P exams at once and a APRN did the C&P exams. She made an issue about how busy she was and how she was really overworked and I got the feeling that she did not want to do it? So anyway, I sat next to her in the exam room while she worked on a computer and asked me a series questions on several different parts of my body associated with my claims. Then, once all the questions were done, she went back and physically examined me and added those entries later into the exam portions of the computer checlist. Later, I could see that she was mixing my comments up and added a few comments to the wrong C & Ps. For instance some of the comments related to my back where added to my neck and vice-versa? I noticed in particular that the range of motions for my back and neck was off as compared to previous other medical exams in my files. My understanding is that when you bend something during the exam that you stop at the point of the pain? Anyway, I brought up the issue and she said, "don't worry, the claims raters look at your whole file, so you'll be fine anyway?" Later, I communicated with her boss and he said I could go through the NOD process. Unfortunately, it would have delayed the FDC process even further and I do have very good evidence and medical records. Frankly, I was diappointed beause they could have just fixed the errors but would not? Afterwards my GP and Pain Specialists ordered new MRI and CT Scans that confirmed the back diagnosis correctly again. Anyway, I have not been able to fully bend over for 25 years? Overall, I'm pretty sure my claim will be fine but I was really disappointed that "our system" would allow for this type of event to happen to a Vet? Frankly, we have to be able to trust that exams will be by the book and done correctly. Recently, I was thinking that there are a lot of folks out there are not getting accurrate exams?
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Notorious Kelly
I'm surprised the the continual errors in both my medical records and VA exams. The biggest problem I have is that they may be considered Gospel when we never sign off on them attesting to their accur
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