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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
Continue Reading on HadIt.com-
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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
broncovet
Full List of Property Tax Exemptions By State
State
Amount of Deduction
Minimum Disability Requirement
Alabama Limited
A disabled veteran in Alabama may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service and has a net annual income of $12,000 or less.
Alaska Limited
A disabled veteran in Alaska may receive a property tax exemption of up to the first $150,000 of the assessed value of his/her primary residence if the veteran is 50 percent or more disabled as a result of service.
Arizona Limited
A disabled veteran in Arizona may receive a property tax exemption of $3,000 on his/her primary residence if the total assessed value does not exceed $10,000.
Arkansas Full
A disabled veteran in Arkansas may receive a full property tax exemption on his/her primary residence if the veteran is blind in one or both eyes, lost the use of one or more limbs or is 100 percent disabled as a result of service.
California Limited
A disabled veteran in California may receive a full property tax exemption on his/her primary residence if the full value does not exceed $150,000, household income does not exceed $40,000 and the veteran is blind in both eyes, lost the use of two or more limbs or is 100 percent disabled as a result of service.
Colorado Limited
A disabled veteran in Colorado may receive a property tax exemption of 50 percent of the first $200,000 of the actual value of his/her primary residence if the veteran is 100 percent disabled.
Connecticut Limited
A disabled veteran in Connecticut may receive a property tax exemption on his/her primary residence of $1,500 if 10-25 percent disabled and $3,000 if 75-100 percent disabled. In addition, a veteran that is blind in both eyes or lost the use of two or more limbs as a result of service is eligible for a $10,000 exemption. Veterans that lost the use of one limb receive a $5,000 exemption.
Delaware NONE
There are currently no state-mandated property tax exemptions for disabled veterans in Delaware.
Florida Full
A disabled veteran in Florida may receive a property tax exemption of $5,000 on any property he/she owns if 10 percent or more disabled and a full exemption if 100 percent disabled as a result of service.
Georgia Full/Exception
A disabled veteran in Georgia may receive a property tax exemption of $60,000 or more on his/her primary residence, depending on a fluctuating index rate set by the U.S. Secretary of Veterans Affairs.
Hawaii Full
A disabled veteran in Hawaii may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
Idaho Limited
A disabled veteran in Idaho may receive a property tax exemption on his/her primary residence if the veteran is 10 percent or more disabled as a result of service. The exemption amount is determined based on income.
Illinois Limited
A disabled veteran in Illinois may receive a property tax exemption of up to $70,000 of the assessed value of his/her primary residence. Eligibility is determined by the Illinois Department of Veterans Affairs.
Indiana Full/Exceptions
A disabled veteran in Indiana may receive a property tax exemption of up to $37,440 on his/her primary residence if the veteran is100 percent disabled or is 62 years old or older with at least a 10 percent disability as a result of service.
Iowa Limited
A veteran in Iowa may receive a property tax exemption of $1,850 on his/her primary residence if the veteran served on active duty during a period of war or for a minimum of 18 months during peacetime.
Kansas Limited
A disabled veteran in Kansas may receive a property tax exemption on his/her primary residence if the veteran is 50 percent or more disabled as a result of service. The exemption amount is determined based on income.
Kentucky 36K Max
A disabled veteran in Kentucky may receive a property tax exemption of up to $36,000 on his/her primary residence if the veteran is 100 percent disabled as a result of service.
Louisiana Limited
A disabled veteran in Louisiana may receive a property tax exemption of up to the first $150,000 of the assessed value of his/her primary residence if the veteran is 100 percent disabled as a result of service.
Maine Limited
A disabled veteran in Maine may receive a property tax exemption of up to $7,000 on his/her primary residence if the veteran is 62 years or older or is 100 percent disabled.
Maryland Full/Unknown
A disabled veteran in Maryland may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount is determined by the Maryland Department of Veterans Affairs.
Massachusetts Limited
A disabled veteran in Massachusetts may receive a property tax exemption on his/her primary residence of $400 if 10 percent disabled, $750 the veteran lost the use of one hand, one foot or one eye, $1,250 if the veteran lost the use of both hands, both feet or a combination of the two, or if the veteran is blind in both eyes as a result of service. A veteran may receive a $1,000 exemption if 100 percent disabled as a result of service.
Michigan Full
A disabled veteran in Michigan may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
Minnesota Limited
A disabled veteran in Minnesota may receive a property tax exemption of up to $300,000 on his/her primary residence if the veteran is 100 percent disabled as result of service. Veterans with a disability rating of 70 percent or more may receive an exemption of up to $150,000.
Mississippi Limited
A disabled veteran in Mississippi may receive a property tax exemption on his/her primary residence if the assessed value is $7,500 or less and the veteran is 100 percent disabled as a result of service.
Missouri None
There are currently no state-mandated property tax exemptions for disabled veterans in Missouri.
Montana Limited
A disabled veteran in Montana may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount varies based on income and marital status, as determined by the Montana Department of Revenue.
Nebraska Limited
A disabled veteran in Nebraska may receive a property tax exemption on his/her primary residence if the veteran has lost the use of two or more limbs or has suffered severe eyesight loss as a result of service. Exemptions are approved by the respective country’s assessor on a case-by-case basis.
Nevada Limited
A disabled veteran in Nevada may receive a property tax exemption of up to $20,000 of the assessed value of his/her primary residence if the veteran is 60 percent or more disabled as a result of service.
Update: Full: "Nebraska needs to be updated. Just passed and signed into law April 5, 2014, LB 1087 grants a property tax exemption to all veterans rated 100% by the VA."
New Hampshire Full
A disabled veteran in New Hampshire may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled, has lost two or more limbs or is blind in both eyes as a result of service.
New Jersey Full
A disabled veteran in New Jersey may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
New Mexico Full
A disabled veteran in New Mexico may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
New York Limited
A disabled veteran in New York may receive a property tax exemption on his/her primary residence. The exemption amount varies based on type of service and disability, as determined by the New York State Division of Veterans Affairs.
North Carolina Limited
A disabled veteran in North Carolina may receive a property tax exemption of up to the first $45,000 of the appraised value of his/her primary residence if the veteran is 100 percent disabled as a result of service.
North Dakota Limited
A disabled veteran in North Dakota may receive a property tax exemption of up to the first $150,000 on his/her primary residence if the veteran is 50 percent or more disabled as a result of service.
Ohio 25K
A disabled veteran in Ohio may receive a property tax exemption of $25,000 on his/her primary residence if the veteran is 100 percent disabled as a result of service.
Oklahoma Full
A disabled veteran in Oklahoma may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
Oregon Limited
A disabled veteran in Oregon may receive a property tax exemption on his/her primary residence if the veteran is 40 percent or more disabled as a result of service. The exemption amount varies annually according to income.
Pennsylvania Limited
A disabled veteran in Pennsylvania may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount varies.
Rhode Island None
There are currently no state-mandated property tax exemptions for disabled veterans in Rhode Island.
South Carolina Limited
A disabled veteran in South Carolina may receive a property tax exemption of up to the first $50,000 of his/her primary residence if the veteran is 100 percent disabled as a result of service.
South Dakota 100K
A disabled veteran in South Dakota may receive a property tax exemption of up to $100,000 of his/her primary residence if the veteran is 100 percent disabled as a result of service.
Tennessee 175K
A disabled veteran in my crappy Tar Heels!!! may receive a property tax exemption of up to the first $175,000 of his/her primary residence if the veteran is 100 percent disabled, has lost the use of two or more limbs or is blind in both eyes as a result of service.
Texas Full/Exceptions
A disabled veteran in Texas may receive a property tax exemption of up to $12,000 on his/her primary residence, depending on the severity of the disability incurred as a result of service. A full property tax exemption is available for veterans who are 100 percent disabled as a result of service.
Utah 244K
A disabled veteran in Utah may receive a property tax exemption on his/her primary residence if the veteran is 10 percent or more disabled as a result of service. A veteran that is 100 percent disabled may receive an exemption of $244,064. A veteran that is 50 percent disabled may receive an exemption of $122,032, while a veteran that is 10 percent disabled may receive an exemption of $24,406.
Vermont Limited
A disabled veteran in Vermont may receive a property tax exemption of at least $10,000 on his/her primary residence if the veteran is 50 percent or more disabled as a result of service. The exemption amount varies by city.
Virginia Full
A disabled veteran in Virginia may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
Washington Limited
A disabled veteran in Washington may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount is based on income, as determined by the Washington State Department of Veterans Affairs.
West Virginia Full
A 100 percent disabled veteran or any veteran over the age of 65 is exempted from paying the taxes on the first $20,000 of assessed value on a self-occupied property.
Wisconsin Full/Limited
A disabled veteran in Wisconsin may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount varies.
Wyoming Limited
A disabled veteran in Wyoming may receive a property tax exemption of $3,000 of the assessed value of his/her primary residence if the veteran was disabled as a result of service.
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Buck52
I don't see that it is a fair to give veterans in different states different exemptions levels, if a veteran is 100% due to his in service injury/disease the veteran should receive the full exempt
broncovet
Full List of Property Tax Exemptions By StateState Amount of Deduction Minimum Disability Requirement Alabama Limited A disabled veteran in Alabama may receive a full property tax exemption on his/her
Vync
Alabama provides the exemption regardless of income if you are 100% P&T.
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