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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
Jimmer
Hi Everyone, I wanted to give you an update on my DRO hearing today 3/21/2016. I took place at noon in Phoenix, AZ/. and it lasted about 40 minutes. I went the informal route. I made a two sets of the info needed (nexus letters, DBQ's, etc.) and numbered each item. I had a recap page the stated what the item was an the corresponding number. The DRO person told me, "I have been doing this for several years, and I have not such a complete files like yours. It makes my job much easier". There were several issues involved, including diaphragmatic paralysis, lower back, dizziness/vertigo. A couple of times when going over the information, the DRO person remarked, "I don't know why this is a issue, the file and supporting documentation, support the veteran's claim". I felt good in the hearing, as the DRO seemed very knowledgeable, concerned, and took notes. My VSO, had dealt with him before, and she said, he is one of the better ones, that I couldn't have received a better DRO person. He told me at the end of the hearing that my information/documentation had supported my position, entirely. So I will see what happens. I owe a wealth of gratitude for all of you help, preparing for this hearing. Buck52, Asknod, Gastone, Navy4life, flores97, your input was spot on. My VSO said I had done the best job preparing for the hearing of anyone she had ever seen. The credit lies with all of you. I couldn't have done it without your help. If I missed naming anyone, my apologies. You have the wisdom and knowledge how to navigate thru the system. Thank you once again.
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Jimmer
Hi Everyone, I wanted to give you an update on my DRO hearing today 3/21/2016. I took place at noon in Phoenix, AZ/. and it lasted about 40 minutes. I went the informal route. I made a two sets of
Buck52
Your Welcome Buddy, Glad to be a little help for ya. I'm sure your going to get good rating results back, but don't be to happy just yet wait until you get your official package from the Claims
Jimmer
Navy4life, Yes we wait together! Thank you for all your input. You were right on the money with your information!
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