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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
mademike1
Hello, I was wondering what my chances are for my claim. I feel guilty even applying but a VA nurse sent me to some office and I applied thinking it was for help with my SSDI case.
At little background.
I joined the US Army right out of high school and completed basic training and AIT without issue. I spent the rest of my enlistment without issue up until I had a mental break after my 3 year mark.
In October of 2001 I broke down and attempted suicide. I felt everyone was out to get me, depressed, and overwhelmed. I sliced one of my wrist and took all the medicine I had (which wasnt much). I ended up slicing through one of the tendons though I still have full use of my hand. I was rushed to a off base hospital and spent a few days before being discharged. Less then a month later I was honorably discharged from the service. I felt I did not receive any of the mental help I should have during this time, instead they kicked me out as fast as they could.
The next 2 years I was a mental wreck. I lived with my mother and slowly got better. I finally pulled myself back together and found a job I enjoyed though instead of coping with my issues I just ran from them. I avoided all stressful situations and at the first sign of any type of confrontation I escaped. I was able to do this for around 6 years before finally getting to the point where I could no longer interact with people. I quit my job (ran away again) and decided to try college
I spent the next few years trying to get a degree but I still couldn't deal with people. I would go to the college but sit out in my truck many times or go to the library and self studied. I was able pass the majority of my classes that didnt have an attendance policy by just showing up for test and turning in homework during office hours. I got to the point where this became impossible even dealing with these short social situations though and had to finally stopped going.
During this time i lost my savings and ended up homeless. Luckily I have family so am staying again at my mothers though this is just temporary.
On January 2014 I applied for SSDI even though I have not been to a doctor since the Military. I do not like doctors, hospitals, medicine, etc so avoided them. It thus came as no shock that I was denied. I appealed and tried to find help which was hard for someone without insurance. I finally found a needs based mental health clinic that was attached to a college and spent a few months going to sessions. They told me I had Schizophrenia and a few other conditions was listed on the medical records. The student I was seeing graduated and I could not force myself to go back to see a new student.
Finally my Uncle told my mother to have my check with the VA to see if I qualify for health care. I did and saw my first doctor who was able to refer me to a VA psychologist. After a few visits she diagnosed me with Schizophrenia and as psychotic.
Do I have a case with VA? My aunt has Schizophrenia so can they say its genetic? I have a CP exam in 3 weeks and am worried because they may not have the suicide attempt hospital reports since it was offbase (suicide attempt was in barracks but I was rushed to a off base hospital).
Edited by mademike1Link to comment
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mademike1 4 posts
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john999
If you had a psychotic break while in service it should be service connected especially after three years of being active. Your main problem might be that you did not file a claim within one year of
Berta
Did you appeal the SSDI denial? Did that denial come before the VA MH professional diagnosed you with Schizophrenia? "My SSDI lawyer likely has all the paperwork, but unsure if I can ask him t
Berta
Yeah, you are so right on the personality disorder bull crap...... If the SSDI award is Solely for the schizophrenia, that would be Excellent evidence for TDIU. TDIU can be applied for ( VA Fo
6 answers to this question
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