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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
dreamhighvet
What do you guys think? Good or bad exam? Should I request another C&P or is it okay? If my condition gets service connected, would I get 50%?
The examiner did not mention anything about "as likely as not" "more than likely" "not likely" or whatever. What is up with that?
Also, I am concerned about his response to #3 and 6. I of course currently have sleep apnea symtpoms - or else why would I need to use CPAP?
I would like some honest feedback on this. Should I schedule another C&P?
1. Does the Veteran have or has he/she ever had sleep apnea? [X] Yes [ ] No
[X] Obstructive ICD code: 327.23 Date of diagnosis: X/x/16
2. Medical history. Describe the history (including onset and course) of the Veteran's sleep disorder.
29 Year old male veteran gives h/o loud and disruptive snoring while asleep and has witnessed apneas . Also, h/o gasping and choking for air at night and h/o insomnia and moderate daytime sleepiness for past few years .No significant past medical history service Army 6/15/06 to to XX. Pt had sleep study done at XXX VA Hospital and the result showed he had severe obstructive sleep apnea and pt is on Cpap treatment with 8 cm h20 with good result.
Is continuous medication required for control of a sleep disorder condition? [ ] Yes [X] No
Does the veteran require the use of a breathing assistance device?[ ] Yes [X] No
Does the Veteran require the use of a continuous positive airway pressure (CPAP) machine? [X] Yes [ ] No
3. Findings, signs and symptoms. Does the Veteran currently have any findings, signs or symptoms attributable to sleep apnea?[ ] Yes [X] No
4. Other pertinent physical findings, complications, conditions, signs and/or symptoms
Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis section above?[ ] Yes [X] No
Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms related to conditions listed in the Diagnosis section above? [ ] Yes [X] No
5. Diagnostic testing.
Has a sleep study been performed? [X] Yes [ ] No
If yes, does the Veteran have documented sleep disorder breathing? [X] Yes [ ] No
Date of sleep study: x/x/16 Facility where sleep study performed, if known: XXXX VA Sleep Lab
Results:AHI 37.6/EVENTS /HR, 68 HYPOPNEAS SAO2 NADIR 89 %
Are there any other significant diagnostic test findings and/or results?[ ] Yes [X] No
6. Functional impact. Does the Veteran's sleep apnea impact his or her ability to work? [ ] Yes [X] No
7. Remarks, if any: Severe obstructive sleep apnea
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toddt
Congratulations you have sleep apnea. The big question is : how is this connected to your service???? You XX'd out the date that you got out of the service. If you were in the service at the t
broncovet
WHOA!!! You got a diagnosis within a year of exit from service. This is a presumptive that it was caused by military service UNLESS your entrance physical showed evidence of sleep apnea. Her
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