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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
kate7772
Sorry, could not copy to original post. Please give opinions on this IMO. These are my thoughts:
This is an appeal for kidney disease my husband suffers from and we are claiming was caused by the contaminated water at Marine Corps Base Camp Lejeune (an uphill battle.)
The report looks good to me but I do have a few questions I wanted to ask here before getting back with him.
**It says he reviewed patient's medical records/testimony,lay statements, personnel records but it does not state he saw the service medical records or C&P file. He did see both and references the C&P opinion elsewhere but does not specifically list it. Should these two things be included in the list of what he saw?
**My husband had two entries in his service medical records where he was treated for urinary issues and pain. These were a year apart and after exposure to the water. I thought maybe these would be important to include as the possible start of the problem but maybe not.
**He referred to a reference which lists harmful chemicals known to cause the kidney disease my husband has but also includes in the list other items, such as: lead paint, cigarette smoke, sewage, whitening creams contaminated cereals, etc. I'm not sure these should all be listed. I'm thinking just pull out the chemicals he was exposed to and not leave it open for VA to say "Hey, these other items could have been a factor." We all know many things in the environment can contribute to medical issues but don't want to give unnecessary ammo.
**The opinion doesn't use the exact wording "at least as likely as not" but does say "to at least the 50% level of probability." Is that acceptable to VA?
**This next may be petty but I have a thing about spelling (not that I don't have issues with it also) and there are some in the report, likely typos. Should I ask that these be corrected or is that not a real issue?
Just want to make sure we cover everything and give VA no reason to say something is not included or done right. We also have a statement in my husband's medical notes from his VA kidney specialist, saying that he feels the condition is at least as likely as not a result of the water.
Any thoughts on this? Anything that I should make sure is included before sending the NOD?
imocopypdf.pdf
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