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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
hedgey
I know this might belong in the C&P forum, but the question involves painkillers and that seems to be a hot topic these days, so I figured it might be more general...
I have a C&P this week, a two parter, and one is for an increase to my rating for the Reflex Sympathetic Dystrophy in my feet. When I got rated back in 2009 for an increase and to make it bilateral, the examiner asked me how far I could walk and I replied not very far without having to stop... She said, "oh but you could walk a quarter mile, right? Just down the track at a school, right?" So I said, yeah, but I wouldn't enjoy it...
So of course in my paperwork she said I could walke more than 1/4 mile unassisted. Well, anyway, I was just really grateful that they SC'd my 'other' foot as secondary to my original one foot injury, so I let it go. A quarter mile without stopping? Not in years, my dears.
ANYWAY, I see a private podiatrist and private Primary Care. My podiatrist gives me shots occasionally, but she advised me to see my PC for oxycodene to help when the pain was very bad. She has experience with the VA and told me not to bother asking them for pain reliever beyond OTC stuff.
So yes, my PC was more than willing to prescribe Percoset, first with 5/.325acetominiphen then with 7.25/.325. I only take it when the burning and pain is so bad I really can't take it. I've managed to make a script for 120 tablets last from January 14th until last week (going in today for new script).
I did tell my VA Primary that I had the prescription, and it's in my records (at the lower dose).
My question is this: Should I make a point of telling the C&P examiner that I'm taking Percoset to manage the pain? It seems like this should support the level of severity of the pain I'm living with, but the VA is quirky. I'm a bit afraid they might go all "the Vet is getting DRUGS from a private doctor!!! DRUGS!!!" Yeah, drugs that actually work, and that I take so sparingly that I still suffer (believe me, it's awful).
What do you all think? Is doctor prescribed Percoset going to help my cause or should I just not mention it (unless asked, of course).
Also, I use a cane every day, but have no callus to 'prove' it. Handwashing is one of my OCD compulsions, but then so is applying hand lotion. My paws are clean and softy-soft!!
Well, wait, there is a small callus below my pinky ....
I have to go wash my hands now.
Let us be kind, one to another, for we are each of us together in our pain.
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Notorious Kelly
That is the catch, Hedgey, is we don't know what they're putting in records until after it's done. I am dismayed at the inaccuracies and selective entries still being made. They are doing what is
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