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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
LeoHirano
I was wondering if this forum can help me voice my issue with the VA educational department. Back in 2010, I spoke with the GI-Bill customer service to get more information about the school I was applying into, Lincoln Technical Institute in Northern Philadelphia, PA.Like always, I called first to gather information and to make sure that this would be paid for and that I wouldn't have to worry with coming out of pocket, since I'm already inundated in school payments and I was not going to put myself in that position again.I got the confirmation that it would be covered, so I proceeded and I enrolled to the school.Over halfway through the program, I was called in from the financial aid advising that VA won't be covering anymore fees and that if wanted to continue with the program, I would have to get student loan.I REALLY didn't want to lose my time and effort already spent, so I just did it. I was forced to be put into this position and now, I am struggling to make payments due to the misinformation given by VA customer service.I would NOT have put myself in that position,given the correct information from the beginning.I'm already deep in my college payments,and adding this on top of it has added a great deal of pressure and relationship with my wife.I recently got in touch with the VA customer service through the portal, and their response was that the calculations were correct and that I had too much time to use my benefits, so they took it away. I am not understanding how she (Kelly) came with that calculation,but now I'm paying for the incorrect information but got my Post 911 benefits taken away.I don't know what they are doing there,but they are adding a great deal of anxiety and stress without being at fault. What they (VA Education) is not understanding,is that I would NOT have enrolled IF I was given the correct information.Now in response to that, they take my benefits away. My expectation is for the VA department to do the right thing and pay for the remaining balance owed and already paid to financial aid and restore my benefits back.I put my heart in soul in serving this country, and it seems that I'm only getting punished for it.
Thank you,
Leo
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LeoHirano 2 posts
Berta 1 post
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Berta
Can you scan and attach here (Cover C file # name, address) anything from the VA Edu Dept that is documented? I assume Voc Rehab approved you, (unless this regards the G.I. Bill), and you took
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