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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.
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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
propp3
Filed for a CUE last July, multiple assertions/issues, all relation to my original denial of a knee claim(never appealed) and a RO decision(on remand) to increase my % for my back condition, also final after BVA appellate review. All issues are old, dating back to '92(knee claim) '95(BVA remand to the RO re: my back) and '96(the BVA appellate review).
I've don lots of case law and regulation research, applicable at the time, supporting my assertions..all my cites/etc back up my assertions of what should have been done/followed, and what was done or not done, wrong(cites of case law, COVA decisions).
The RO passed(said nope), the DRO did not find in my favor(awaiting SOC), and I filed my VA-9/appeal to the BVA. Now I'm completing my summary, further presentation of issues, evidence in support, all my cites, etc.
My question? How detailed should I be? I've rec'd advice to keep it short, brief...a few pages. But every research I done about CUE says otherwise...explaining the need for detail/detail/detail. My statement/letter will probably end up after editing at a good 30-40 pages in length. Even with editing to eliminate redundancy, I feel all the issues I've asserted and a forensic eval of the evidence...with supporting case law/regulation/BVA remand instruction('95) cites included...is all necessary and important in making my case.
As I responded to one who advised almost absolute brevity....brevity hasn't accomplished shit for me in the past. After reading my VSO briefs and quotes of case law(about 2 pages), I was stunned by the *lack* of argument. 20 years ago I didn't know any better and thought and relied on the VSO(mine is DAV) as the *duty expert*. But like I said, it didn't work then(brevity) and I have little confidence it'll work now. Hell, I just recently found a case cite I think is of *extreme* importance to my CUE claim(Hyder v. Derwinski), and my VSO didn't mention...discuss with me, or even put forth in argument. I met my VSO appeal specialist for the 1st time only 20 minutes before my DRO hearing last June.
Opinions, advice? Anyone here win a claim of CUE and if so, how detailed were your assertions and arguments and presentation of evidence?
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Berta
"Opinions, advice? Anyone here win a claim of CUE and if so, how detailed were your assertions and arguments and presentation of evidence?" yeah, I have won a few, helped some members here who won CUE
broncovet
There are many (dozens or even hundreds) of potential errors in a CUE claim. Example: You file a Cue that the VARO failed to comply with the "notice" requirments, that is, to send you the required no
broncovet
CUE is used almost exclusively to try to win an EED. Example: You get denied for knee issue. Many years later, the VARO awards you on knee issue. You appeal the effective date of the award, as you
11 answers to this question
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