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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.-
- 4 replies
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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
sauerkraut1977
Hey guys just downloaded my c&p results on my plantar fascitis. I am wondering what rating you think i will get. I have a feeling i will be screwed over again on my percentage because it seems to contradict itself. I am confused because it say chronic condition butdoesnot kimit mobility but he addes with difficulty, and how will the deal with the bone spurs? Will it be another rateable condition that will be figured into whatever the bi-lat plantar rating?
Please let me know what you all think.
LOCAL TITLE: C&P FEET
STANDARD TITLE: ORTHOPEDIC SURGERY C & P EXAMINATION CONSULT
DATE OF NOTE: APR 07, 2016@08:30 ENTRY DATE: APR 07, 2016@08:46:36
AUTHOR: COLLIER,JAMES C PA- EXP COSIGNER:
URGENCY: STATUS: COMPLETED
Foot Conditions, including Flatfoot (Pes Planus)
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
------------
a. List the claimed condition(s) that pertain to this DBQ:
No response provided
b. Select diagnoses associated with the claimed condition(s):
[X] Plantar fasciitis
ICD Code: 00000000000
Side affected: Both
Date of diagnosis: Right HISTORICAL
Date of diagnosis: Left HISTORICAL
c. Comments (if any):
No response provided
d. Was an opinion requested about this condition (internal VA only)?
[X] Yes [ ] No [ ] N/A
2. Medical history
------------------
a. Describe the history (including onset and course) of the Veteran's
foot
condition (brief summary):
TYPICAL SYMPTOMS OF PLANTAR FACIITIS, WITH PAIN IN THE AM THAT GETS BETTER
THEN WORSE. HAS HAD STEROID INJECTIONS THAT HELPS. LOT OF DAILY HEEL PAIN.
XRAY SHOWS CALCANEAL SPURS. USES ORTHOTICS. ALSO HAS A RIGHT TOE PATHOLOGY
HOWEVER THIS IS NOT RELATED TO THE PLANTAR FACIITIS AND HAPPENED POST
SERVCIE. MEDICATION TRAMADOL AND INDICIN.
b. Does the Veteran report pain of the foot being evaluated on this DBQ?
[X] Yes [ ] No
If yes, document the Veteran's description of pain in his or her
own
words:
SEE ABOVE
c. Does the Veteran report that flare-ups impact the function of the foot?
[ ] Yes [X] No
d. Does the Veteran report having any functional loss or functional impairment
of the foot being evaluated on this DBQ (regardless of repetitive use)?
[ ] Yes [X] No
3. Flatfoot (pes planus)
------------------------
No response provided
4. Morton's neuroma (Morton's disease) and metatarsalgia
--------------------------------------------------------
No response provided
5. Hammer toe
-------------
No response provided
6. Hallux valgus
----------------
No response provided
7. Hallux rigidus
-----------------
No response provided
8. Acquired pes cavus (clawfoot)
--------------------------------
No response provided
9. Malunion or nonunion of tarsal or metatarsal bones
-----------------------------------------------------
No response provided
10. Foot injuries and other conditions
--------------------------------------
a. Does the Veteran have any foot injuries or other foot conditions not
already
described?
[X] Yes [ ] No
If yes, describe the foot injury or other conditions (including
frequency and physical exam findings) and complete question b.
(severity
and side affected).
INFECTIVE PATHOLOGY OF THE RIGHT GREAT TOE, HOWEVER IT IS UNRELATED TO
PLANTAR FACIITIS AND HAPPENED POST SERVICE.
b. Indicate severity and side affected:
[X] Moderately severe [X] Right [ ] Left [ ] Both
c. Does the foot condition chronically compromise weight bearing?
[ ] Yes [X] No
d. Does the foot condition require arch supports, custom orthotic inserts or
shoe modifications?
[ ] Yes [X] No
e. Comments: No comments provided
11. Surgical procedures
-----------------------
a. Has the Veteran had foot surgery (arthroscopic or open)?
[ ] Yes [X] No
b. Does the Veteran have any residual signs or symptoms due to arthroscopic or
other foot surgery?
No response provided
12. Pain
--------
RIGHT FOOT:
Is there pain on physical exam?
[X] Yes [ ] No
If yes, (there is pain on physical exam), does the pain contribute to
functional loss?
[ ] Yes [X] No
If no, (the pain does not contribute to functional loss or
additional limitations), explain why the pain does not contribute:
FUNCTIONS WITH DIFFICULTY
LEFT FOOT:
Is there pain on physical exam?
[X] Yes [ ] No
If yes, (there is pain on physical exam), does the pain contribute to
functional loss?
[ ] Yes [X] No
If no, (the pain does not contribute to functional loss or
additional limitations), explain why the pain does not contribute:
FUNCTIONS WITH DIFFICULTY
13. Functional loss and limitation of motion
--------------------------------------------
a. Contributing factors of disability (check all that apply and indicate side
affected):
[X] Pain on weight-bearing
Side affected: [ ] Right [ ] Left [X] Both
[X] Pain on non weight-bearing
Side affected: [ ] Right [ ] Left [X] Both
[X] Interference with standing
Side affected: [ ] Right [ ] Left [X] Both
Contributing factors of disability associated with limitation of motion:
b. Is there pain, weakness, fatigability, or incoordination that significantly
limits functional ability during flare-ups or when the foot is used
repeatedly over a period of time?
RIGHT FOOT: [ ] Yes [X] No
LEFT FOOT: [ ] Yes [X] No
c. Is there any other functional loss during flare-ups or when the foot is
used
repeatedly over a period of time?
RIGHT FOOT: [ ] Yes [X] No
LEFT FOOT: [ ] Yes [X] No
14. Other pertinent physical findings, complications, conditions, signs,
symptoms and scars
------------------------------------------------------------------------
a. Does the Veteran have any other pertinent physical findings, complications,
conditions, signs or symptoms related to any 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?
[ ] Yes [X] No
c. Comments: No comments provided
15. Assistive devices
---------------------
a. Does the Veteran use any assistive devices as a normal mode of locomotion,
although occasional locomotion by other methods may be possible?
[X] Yes [ ] No
If yes, identify assistive devices used (check all that apply and
indicate frequency):
Assistive Device: Frequency of use:
----------------- -----------------
[X] Other: ORTHOTICS
[ ] Occasional [X] Regular [ ] Constant
b. If the Veteran uses any assistive devices, specify the condition and
identify the assistive device used for each condition:
FEET
16
. Remaining effective function of the extremities
---------------------------------------------------
Due to the Veteran's foot condition, is there functional impairment of an
extremity such that no effective function remains other than that which would
be equally well served by an amputation with prosthesis? (Functions of the
upper extremity include grasping, manipulation, etc., while functions for the
lower extremity include balance and propulsion, etc.)
[ ] Yes, functioning is so diminished that amputation with prosthesis would
equally serve the Veteran.
[X] No
17. Diagnostic testing
----------------------
a. Have imaging studies of the foot been performed and are the results
available?
[X] Yes [ ] No
If yes, is degenerative or traumatic arthritis documented?
[ ] Yes [X] No
b. Are there any other significant diagnostic test findings or results?
[X] Yes [ ] No
If yes, provide type of test or procedure, date and results (brief
summary):
CALCANEAL SPURS
c. If any test results are other than normal, indicate relationship of
abnormal
findings to diagnosed condition:
No response provided
18. Functional impact
---------------------
Regardless of the Veteran's current employment status, do the
condition(s)
listed in the Diagnosis section impact his or her ability to perform any type
of occupational task (such as standing, walking, lifting, sitting, etc.)?
[X] Yes [ ] No
If yes, describe the functional impact of each condition, providing one or
more examples:
HAD TO CHANGE JOBS DUE TO PLANTAR FACIITIS.
19. Remarks, if any:
--------------------
No remarks provided
Medical Opinion
Disability Benefits Questionnaire
Indicate method used to obtain medical information to complete this
document:
[ ] Review of available records (without in-person or video telehealth
examination) using the Acceptable Clinical Evidence (ACE) process
because
the existing medical evidence provided sufficient information on which
to
prepare the DBQ and such an examination will likely provide no
additional
relevant evidence.
[ ] Review of available records in conjunction with a telephone interview
with the Veteran (without in-person or telehealth examination) using the
ACE process because the existing medical evidence supplemented with a
telephone interview provided sufficient information on which to prepare
the DBQ and such an examination would likely provide no additional
relevant evidence.
[ ] Examination via approved video telehealth
[X] In-person examination
Evidence review
---------------
Was the Veteran's VA claims file reviewed? Yes
If yes, list any records that were reviewed but were not included in the
Veteran's VA claims file:
E-FILE, VA RECORDS
MEDICAL OPINION SUMMARY
-----------------------
RESTATEMENT OF REQUESTED OPINION:
a. Opinion from general remarks: **Claim for a homeless or at imminent risk
of homelessness Veteran,
expeditious processing is requested.**
**CLAIM TYPE: ORIGINAL
**SPECIAL CONSIDERATIONS: AGE OF CLAIM, HOMELESS
**INSUFFICIENT EXAM: NO
ELECTRONIC CLAIMS FOLDER AVAILABLE.
CLAIMS FILE BEING SENT FOR REVIEW BY THE EXAMINER.
The Veteran will need to report for the following exam(s) unless the
ACE process is utilized. Clinician: If using the ACE process to
complete the DBQ, please explain the basis for the decision not to
examine the Veteran, and identify the specific materials reviewed to
complete the DBQ. Also if the exam is completed using ACE, please
review the Veteran's claims folder and indicate so in the exam
report.
Veteran has a power of attorney.
Please send a courtesy copy of the exam notice letter to TEXAS VETERANS
COMMISSION.
Date of claim: 12/23/2015
Days pending: 100
Veteran claims service connection for:
Bilateral plantar fasciitis
Active duty service dates:
Branch: Army
EOD: 05/19/1997
RAD: 08/17/2001
DBQ MUSC Foot Conditions including Flatfoot (pes planus):
The Veteran has important information in his or her electronic claims folder
in VBMS and Virtual VA. Please review both folders and state that they were
reviewed in your report.
MEDICAL OPINION REQUEST
TYPE OF MEDICAL OPINION REQUESTED: Direct service connection
OPINION: Direct service connection
Does the Veteran have a diagnosis of (a) bilateral plantar fasciitis that is
at least as likely as not (50 percent or greater probability) incurred in or
caused by (the) bilateral foot pain and plantar fasciitis during service?
POTENTIALLY RELEVANT EVIDENCE:
STRs show diagnosis of plantar fasciitis.
CAPRI record dated 3/10/16 show bilateral foot pain.
Rationale must be provided in the appropriate section.
b. Indicate type of exam for which opinion has been requested: PLANTAR
Edited by sauerkraut1977FACIITIS
TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE
CONNECTION ]
a. The condition claimed was at least as likely as not (50% or greater
probability) incurred in or caused by the claimed in-service injury, event
or
illness.
c. Rationale: SMR DOCUMENTATION OF CHRONIC PLANTAR FACIITIS. CURRENTLY HAS
THE SAME. HE IS BEING TREATED BY HOUSTON VA PODIATRY CURRENTLY. THE RIGHT
GREAT TOE IS NOT SERVCIE RELATED, THE PLANTAR FACIITIS IS SERVICE RELATED.
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sauerkraut1977
Update: they rated me at 30 % so lowballed once again. Good luck to others out there amd hope for better results.
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