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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
Continue Reading on HadIt.com-
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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
Navy04
Ok as many of you know, I am 100% P&T. I got a call two weeks ago that said to Report to Ft Worth VA on 4/6/16 for an Exam. The VA lady on phone said that it was for a New Condition. Yet, I have not submitted anything to the VA. Well on Ebenefits it shows that a New Claim was submitted on 2/29/16. So I go to the exam and below is C&P or Review, whatever the VA is calling it. I am SC for:
Epididymitis with Varicocele 0% Granted 2/25/2013
Secondary Erectile Dysfunction 0% Granted 9/25/2013
Secondary Voiding Dysfunction 40% Granted 02/13/2014
The Claim on Ebenefits states it is New and for Voiding dysfunction associated with Epididymitis with Varicocele (NEW) and Status is already at Prep for Decision.
I am trying to figure out WTH is going on. Can you guys please assist me.
Scars/Disfigurement
Disability Benefits Questionnaire
Is this DBQ being completed in conjunction with a VA 21-2507, C&P
Examination
Request?
[X] Yes [ ] No
ACE and Evidence Review
-----------------------
Indicate method used to obtain medical information to complete this
document:
[X] In-person examination
Evidence Review
Evidence reviewed (check all that apply):
[X] VA e-folder (VBMS or Virtual VA)
[X] CPRS
1. Diagnosis
------------
Does the Veteran have one or more scars anywhere on the body, or
disfigurement of the head, face, or neck? Yes
Diagnosis #1: left inguinal scar due to scrotal surgery 2012
ICD code: unknown
Date of diagnosis: 2012
Does the Veteran have any scars on the trunk or extremities (regions other
than the head, face or neck): Yes
Does the Veteran have any scars or disfigurement of the head, face or neck:
No
SECTION I: Scars of the trunk and extremities
----------------------------------------------
1. Medical history
------------------
Describe the history (including cause/origin and course) of the
Veteran's
scar(s) of the trunk or extremities, (brief summary): see DBQ URINARY TRACT
for history
Are any of the scars of the trunk or extremities painful: Yes
Number of painful scars: 1
Description of the pain: constant pain left scrotal and inguinal area
Are any of the scars of the trunk or extremities unstable, with frequent
loss of covering of skin over the scar: No
Are any of the scars BOTH painful and unstable: No
Are any of the scars of the trunk or extremities due to burns: No
2. Physical exam for scars on the trunk and extremities
-------------------------------------------------------
2-1. Details of scar findings for the trunk and extremities
Right upper extremity: Not affected
Left upper extremity: Not affected
Right lower extremity: Not affected
Left lower extremity: Not affected
Anterior trunk: Affected
Location of scars on anterior trunk and number them: left inguinal
Types of scars and provide measurements:
Linear
Length of each linear scar:
Scar #1: 4 cm
Posterior trunk: Not affected
2-2. Summary of nonlinear scar areas for the trunk and extremities
------------------------------------------------------------------
Superficial non-linear scars: None
Deep non-linear scars: None
SECTION II: Scars or other disfigurement of the head, face, or neck: No
response
provided
---------------------------------------------------------------------
SECTION III: Miscellaneous
---------------------------
1. Limitation of function/other conditions
------------------------------------------
Do any of the scars (regardless of location) or disfigurement of the head,
face, or neck result in limitation of function? Yes
Indicate which scars (regardless of location) or disfigurement of the
head,
face, or neck are causing the limitation and describe the specific
limitations: The left inguinal scar is tender to palpation. It causes
constant pain which contributes to the veteran's Pelvic Floor
Dysfunction,
and interferes with physical activities.
Does the Veteran have any other pertinent physical findings, complications,
conditions, signs or symptoms (such as muscle or nerve damage) associated
with any scar (regardless of location) or disfigurement of the head, face,
or
neck? No
2. Color photographs
--------------------
Color photographs for any scars or disfiguring conditions of the head, face,
or neck: Photographs not indicated
3. Functional impact
--------------------
Does the Veteran's scar(s) (regardless of location) or disfigurement of
the
head, face, or neck impact his or her ability to work? Yes
Impact of the Veteran's scar(s) (regardless of location) or
disfigurement
of the head, face, or neck, providing one or more examples: The left
inguinal scar interferes with physical activities.
4. Remarks, if any: No response provided
--------------------
NOTE: VA may request additional medical information, including additional
examinations if necessary to complete VA's review of the
Veteran's
application.
/es/
Urinary Tract (Including Bladder and Urethra) Conditions
(Excluding Male Reproductive System)
Disability Benefits Questionnaire
Is this DBQ being completed in conjunction with a VA 21-2507, C&P
Examination
Request?
[X] Yes [ ] No
ACE and Evidence Review
-----------------------
Indicate method used to obtain medical information to complete this
document:
[X] In-person examination
Evidence Review
---------------
Evidence reviewed (check all that apply):
[X] VA e-folder (VBMS or Virtual VA)
[X] CPRS
1. Diagnosis:
-------------
Does the Veteran now have or has he/she ever been diagnosed with a condition
of the bladder or urethra of the urinary tract? (This is the condition the
Veteran is claiming or for which an exam has been requested)
[X] Yes [ ] No
Diagnosis #1: voiding dysfunction associated with epididymitis with
varicocele
ICD code: unknown
Date of diagnosis: 2012
2. Medical history
------------------
Describe the history (including onset and course) the Veteran's urinary
tract
condition (brief summary):
The veteran was treated for epididymitis in 2008. He was subsequently
diagnosed in 2012 with varicocele and epididymal cyst. He underwent left
scrotal surgery in 2012. He has had constant pain since that time, and
has developed voiding dysfuction. He was diagnosed with pelvic floor
dysfunction on a recent Urology exam and has been scheduled for
biofeedback.
3. Voiding dysfunction
----------------------
Does the Veteran have a voiding dysfunction?
[X] Yes [ ] No
a. Etiology of voiding dysfunction (i.e., relationship of voiding
dysfunction
to any condition in the Diagnosis section):
pelvic floor dysfunction
b. Does the voiding dysfunction cause urine leakage?
[X] Yes [ ] No
Indicate severity (check one):
[X] Does not require the wearing of absorbent material
[ ] Requires absorbent material which must be changed less than 2
times per day
[ ] Requires absorbent material which must be changed 2 to 4 times
per day
[ ] Requires absorbent material which must be changed more than 4
times per day
[ ] Other, describe:
c. Does the voiding dysfunction require the use of an appliance?
[ ] Yes [X] No
d. Does the voiding dysfunction cause increased urinary frequency?
[X] Yes [ ] No
If yes, check all that apply:
[X] Daytime voiding interval less than 1 hour
[X] Nighttime awakening to void 5 or more times
e. Does the voiding dysfunction cause signs or symptoms of obstructed
voiding?
[X] Yes [ ] No
If yes, check all that apply:
[X] Hesitancy
If checked, is hesitancy marked?
[ ] Yes [X] No
[X] Slow stream
If checked, is stream markedly slow?
[X] Yes [ ] No
[X] Weak stream
If checked, is stream markedly weak?
[X] Yes [ ] No
[X] Decreased force of stream
If checked, is force of stream markedly decreased?
[X]If checked, is force of stream markedly decreased?
[X] Yes [ ] No
4. Urolithiasis
---------------
Does the Veteran have a history of urethral or bladder calculi (cysto- or
urethrolithiasis)?
[ ] Yes [X] No
5. Bladder or urethral infection
--------------------------------
Does the Veteran have a history of recurrent symptomatic bladder or urethral
infections?
[ ] Yes [X] No
6. Other bladder/urethral conditions
------------------------------------
a. Does the Veteran have any findings, signs, or symptoms attributable to a
bladder fistula?
[ ] Yes [X] No
b. Does the Veteran have any findings, signs or symptoms attributable to a
urethral fistula?
[ ] Yes [X] No
c. Does the Veteran have a neurogenic or a severely dysfunctional bladder?
[ ] Yes [X] No
d. Does the Veteran have a bladder injury?
[ ] Yes [X] No
e. Has the Veteran had other bladder surgery?
[ ] Yes [X] No
f. Is there any renal dysfunction due to condition?
[ ] Yes [X] No
7. Tumors and neoplasms
-----------------------
Does the Veteran have a benign or malignant neoplasm or metastases related
to
any of the diagnoses in the Diagnosis section?
[ ] Yes [X] No
8. Other pertinent physical findings, complicationsconditions, signs,
symptoms and scars
-----------------------------------------------------------------------
a. Does the Veteran have any other pertinent physical findings,
complications, conditions, signs or symptoms related to the conditions
listed in the Diagnosis Section above?
[ ] Yes [X] No
b. 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?
[X] Yes [ ] No
If yes, are any of these scars painful or unstable, have a total area
equal to or greater than 39 square cm (6 square inches), or are
located on the head, face or neck? (An "unstable scar" is
one where,
for any reason, there is frequent loss of covering of the skin over
the scar.)
[X] Yes [ ] No
c. Comments, if any:
No answer provided
9. Diagnostic testing
---------------------
Has the Veteran had diagnostic testing and if so, are there significant
findings and/or results?
[X] Yes [ ] No
If yes, provide type of test or procedure, date and results (brief
summary):
cystoscopy Oct 2015:
Flow rate/PVR:
Qmax 8.7
Qavg 3.8
V Vol 150
PVR 5
Severe LUTS
Findings:
1) Pendulous urethra: Normal
2) Bulbar urethra: Normal
3) Membranous urethra: Sphincter competent
4) Prostatic urethra: no obstructing lobes
5) Bladder neck: Patent
6) Bladder mucosa: Normal
7) Left ureteral orifice: Normal
8) Right ureteral orifice: Normal
- likely pelvic floor dysfunctionUDS Feb 2016:
PVR 0cc
UDS vol Pves EMG (pt with bowel spasms, study reported
w/Pves)
FS 34cc 5cmH20 154
FDV 111 4 162
SDV 126 3 138
Urge 154 2 148
Max 176 4 160
A: pt w
ith frequency, nocturia, post void dribbling. No evidence of
UIC on
study. Strongly suspect PFD.
10. Functional impact
---------------------
Does the Veteran's condition(s) of the bladder or urethra impact his or
herability to work?
[X] Yes [ ] No
If yes, describe impact of each of the Veteran's bladder or
urethra
conditions, providing one or more examples:
Constant chronic scrotal pain interferes with physical activities.
11. Remarks, if any:
--------------------
According to the medical reference UpToDate, chronic pelvic pain is a risk
factor for the development of Pelvic Floor Dysfunction. It is considered at
least as likely as not that this veteran's Pelvic Floor Dysfunction is
secondary to his SC condition of epididymitis and scrotal surgery and that
the "voiding dysfunction associated with epididymitis with
varicocele" is
associated with Pelvic Floor Dysfunction.
DOES IT LOOK LIKE THE VA IS TRYING TO TAKE AWAY MY 40% for VOIDING DYSFUNCTION SECONDARY TO MY TESTICULAR SURGERY? I AM SO TIRED OF THE VA RUNNING ME IN THE GROUND GUYS. GOD BLESS!!!
100% PTSD
100% Back
60% Bladder Issues
50% Migraines
30% Crohn's Disease
30% R Shoulder
20% Radiculopathy, Left lower 10% Radiculopathy, Right lower
10% L Knee 10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II
10% Scars
SMC S
SMC K
OEF/OIF VET 100% VA P&T, Post 911 Caregiver, SSDI
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Navy04
Thank you guys, and yes this was a C&P Review or Exam, whatever the VA is calling it, from this past Wednesday. I just dont know what is going on. I fought so hard to get the P&T, yet I always
Navy04
Update 5/8!!!! I am stunned and dont know what to say. The VA and FU**** Govt always seems to find a way to get to me. I looked in the mail box today, and there was the official Big White
flores97
Navy04, that c&p looked like it was in your favor, try not to stress(which is easier said than done). Notice the examiner consistently marked "Yes" for the question "Does the Veterans condition of
15 answers to this question
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