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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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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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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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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
Meddac
After conversation with Tbird I have been allowed the opportunity to announce my show on this forum. Thanks you again, Tbird!!
I do a weekly podcast called Vet HelpCast. I try to keep the show around a half hour long, and the shows I have received some pretty good feedback on the shows that I have done so far (6 if you count the 2 VERY short episodes ).
I'm not a "radio personality" and I'm not "scripted". I do the shows based on my own experience and notes that I make for myself (because I am forgetful). The shows are a little "amateur" as I only started about a month ago. They also follow processes that some would call a perfect world. I know the show may not address the current situation that you may be experiencing or your experience with the VA. Please remember that I am trying to educate while not being absolutely negative.
I try to offer my own bit of education with some insight along the way.
I have a website where the episodes can be accessed at vethelpcast.com. It's also available on iTunes, Stitcher, and several other "podcatchers" for mobile devices. It's also linked from Facebook and Twitter If you do use an app to listen please subscribe and leave a rating and comments. You can also leave comments on the website under each episode or email me directly at vethelpcast@gmail.com. I have, so far, been able to address emails within a couple of hours, but bear with me in case I get a lot.
I'd be happy to hear from the hadit family. I do know of a few on here that listen (along with Tbird). I'm not a technology expert so the website and everything is kinda new to me, but I am trying (technology has passed me by in several ways).
Please visit, listen, comment, rate, like, and SHARE if you know of anyone who might be interested.
Thanks to Tbird for this opportunity, and to the hadit family for any support...and to my wife for the intro that started in Episode 2 and the new one that she convinced me to do for Episode 5 which should be recorded and released by Wednesday.
Chuck.
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Meddac
After conversation with Tbird I have been allowed the opportunity to announce my show on this forum. Thanks you again, Tbird!! I do a weekly podcast called Vet HelpCast. I try to keep the show ar
Berta
It gets easy Meddac. I started out in live radio ,with our radio show producer Jerrel Cook at our live hadit blog radio about 10 years ago on a different station. At first I was nervous too but
Berta
Meddac, I will be sure to check that out at your site. You know as well as everyone here that vets need all the info they can get. Hadit's motto from Tbird is "Knowledge is Power." But
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