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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
rthomass
I know there are a lot of blue water Navy Veterans as well as Veterans who served in Thailand, Laos, Cambodia, and Vietnam that have had their agent orange cases denied in the past, The only way you will ever overturn these denials is to read the Haas VS. NIcholson decision as promulgated by the US Court OF Appeals for Veterans Claims. I implore you as a Veteran and a Citizen to write yor Senators and Representative and tell them what we want .... This is a representative democracy....Make Them REPRESENT YOU. Make them change the laws on how your claim is decided... Haas Vs. Nichoson decision presently only rquires you to have a Vietnam Service Medal to presume you were exposed to agent orange. The VA is trying to get this ruling overturned. If the law is changed to that language set forth in the Haas VS. Nicholson decision VA ,will be to put it crudely, Screwed!
OPEN COMMUNIQUE TO ALL LEGISLATORS
TRANSMITED VIA E-MAIL AND FAX 14 NOVEMBER 2006
Subject: Department of Veterans Affairs appeal: Haas Vs. Nicholson
ORIGINALLY SENT TO:
NATIONAL VETERANS LEGAL SERVICES PROGRAM (Attn: Mr. Sparato)
rick_sparato@nvlsp.org
Mr. Spataro in light of the current political climate i.e. Democratic Congress why wait for the United States of Court of Appeals for The Federal Circuit to rule on Haas v. Nicholson ? Would this not be the perfect time to appeal to the U.S. Congress to legislate that Agent Orange was present in all of South East Asia during the Vietnam era (Vietnam, Thailand, Cambodia, and Laos)? . Revised Legislation would presume veterans were exposed to Agent Orange if they had been awarded the Vietnam Service Medal and had contracted any of the eleven diseases presently set forth by the Veterans Administration. Referenced in 38 C.F.R. 3.309(e).
The Decision as set forth in Haas Vs. Nicholson should be a guide to re-write those portions of U.S.C. 38; 38 C.F.R; and M21-1. A Veteran with any of the diseases set forth in the Code of Federal Regulations 3-309(e) “Diseases associated with exposure to certain herbicide agents” should be presumed to have been exposed to the herbicide (agent Orange).
MSGT. Randall D. Thomas Sr., USAF, RETIRED
rthomass@insightbb.com
PO Box 20761
Louisville ky 40250-0761
Edited by rthomassLink to comment
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