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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 rating
Picked 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.
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Lemuel, -
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Question
DejDan
In Nov 2014 I filed claim for PTSD resulting from my tour in Iraq in 2005. I submitted all of my STR's through the VFW when I filed my claim. I've had my C and P exam in April 2014 and it resulted in a diagnosis on Ptsd with a "more likely than not" cause by my military service in Iraq.
Currently I'm receiving treatment from the VA for PTSD after starting and stopping treatment back in 2006 after my tour in Iraq.
Today the VA sent me a letter asking for STR's for the exact time frame that I was in Iraq in which they stated that they have exhausted all means to secure. Now...... I was in area that did not have running water for more than 8 months straight let alone a facility where you could get medical care.
The short of it is I do not have medical records for this time frame. I was an activated reservist so therefore I received a PHA right after my deployment and answered some questions positively concerning seeing killed (civilian) and fearing for my life.( which I don't think they have and I'm prepared to send them) if the PHA is considered a type of medical record.
My Questions are:
1.How detrimental is this to my claim that these records does not exist?
2.Is it a standard form that I have to proclaim that these records does not exist or do I just call the VA or notify the VFW ( my representative) to let the know? In which I may add haven't been very active since I filed with them.
Any suggestions or advice will greatly appreciated. Thanks
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DejDan
USMC_ HVEQ, Non taken. The overall medical records are no problem to present from being a reservist at one time and to doing 8 years active duty. Its the Service Treatment records that they want for a
DejDan
Buck 52, Thanks for your response. This is my first claim. Presently the only thing I don't have is STR for that period while in Iraq (it doesn't exist)in which the VA is specifically asking for. I do
Gastone
What they said! As long as you have proof of service in a combat zone, a fear of possible harm is now sufficient to establish a PTSD claim. You were in the Army so a combat MOS and a CIB could back u
31 answers to this question
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