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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
Andyman73
Hello all you Vets in Hadit land!!!
I recently had an MRI done at the behest of my PCP. I am posting the results for youse guys to ruminate upon. I filed a claim some time ago for pain in the neck that was secondary to back issues. Well, that was a no go. I didn't remember if I ever had been seen during my AD years for any neck issues. Well, I did find a complaint of pain in my neck. It was when I fell down the stairs during my first week of boot camp, in November 1992. On the ER report it shows complaint of defuse pain in the neck, and other areas. And while no injury was found during the exam, in my neck area, it was sore for a few days. I was given 800mg Motrin for pain in other body areas, which subsiquently were granted SC after my enlistment.
I have mentioned to my PCP, over the past 2-3 years, feeling tingling, numbness and hot flashes in my upper extremities, and shoulders. It varies depending on the activity and position of my neck. My neck is stiff all the time, and I am constantly cracking and stretching my neck. If I don't it leads to headaches rather quickly.
Report:
Cervical spine MRI
Clinical history: Evaluate for evidence of cervical radiculopathy
Procedure: Sagittal Ti-weighted, T2-weighted, STIR sequences, axial T2-weighted gradient echo and turbo spin echo sequences
Discussion: Comparison is made with cervical spine radiographs performed 2/27/2015.
The alignment of the vertebral bodies is normal and the heights of the vertebral bodies are maintained. The signal characteristics of the bony elements are normal. There is no evidence of an acute osseous abnormality. The spinal cord
demonstrate normal morphology and normal signal characteristics.
At C2-C3 the disc spaces unremarkable. The spinal canal and the neuroforamina are patent. There is slight narrowing of the right neural foramen secondary to uncovertebral spurring.
At C3-C4 the disc space is unremarkable. The spinal canal is widely patent. The right neural foramen is mildly to moderately narrowed by uncovertebral spurring. The left neural foramen is moderately narrowed by uncovertebral spurring.
At C4-C5 there is very mild disc degeneration. The spinal canal is widely patent. The neuroforamina widely patent.
At C5-C6 there is mild disc degeneration. There is slight central disc bulge which does not cause significant spinal canal narrowing. The left neural foramen is mildly narrowed by uncovertebral hypertrophy. The right neural foramen is largely patent.
At C6-C7 there is mild disc degeneration. There is a linear focus of high signal along the left paracentral dorsal aspect of the
disc which may represent a fissure of the annulus fibrosis. There is a slight central disc bulge that significant narrowing of the spinal canal and the neuroforamina bilaterally mildly narrowed secondary to uncovertebral hypertrophy
At C7-T1 the disc space appears normal. The spinal canal and neuroforamina widely patent.
The last part didn't paste, so here is the last few lines;
paraspinous soft tissue is unremarkable, impression: Multilevel mild disc disease with mild to moderate neural foramina narrowing as detail above. Primary diagnostic code; abnormality noted.
Thanks again to all who opine here.
Andyman
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brokensoldier244th
Chop shop quips aside, avoid surgery as long as you can in favor of conservative maintenance. Once they cut and put in a cadaver disc or fuse, your other vertebra and discs around it have to compensat
Andyman73
Hello all you Vets in Hadit land!!! I recently had an MRI done at the behest of my PCP. I am posting the results for youse guys to ruminate upon. I filed a claim some time ago for pain in the n
brokensoldier244th
Are you wondering if it is rateable? Absolutely, to varying degrees. If you look up CFR 38 you can see the exact structure they use for rating the back.
8 answers to this question
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