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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
63Charlie
Yesterday I reported to the Orlando VA Medical Center for the above-styled exam
As he escorted me into the exam room, he asked me a question in a low voice.
I couldn't understand what he said.
I replied, "What did you say?"
Then he spoke clearly and loud enough for me to understand him.
So I replied to his question.
The initial part of the exam involved inserting some kind of medical device in each ear canal, one side at a time, and I felt pressure and it made beeping noises.
Then came the tone response test where you tell them when you can hear the tone.
Finally, sentences were said where you have to identify a particular word and repeat that word.
After it was over, the examiner led me out of the exam room and walked about ten steps ahead of me.
I have spine problems and use a cane so I'm slow anyway.
I see the examiner standing in the corridor and he asked me another question in a low voice that I could not understand.
I asked him to repeat what he said, and he asked me in a louder voice, so I could understand him, "Do you have any more exams today?"
Which I replied, "No."
While in the exam room he asked me how the tinnitus affects me.
I told him that the constant ringing in my ears annoys the crap out of me.
I told him that I turn on a fan next to my bed each night when I go to bed, to help drown out the noise from the ringing in my ears.
He asked," Have I had my hearing checked lately?"
I told him , no.
He said, "What makes you think that you have hearing loss?"
I said, "My wife gets aggravated because I have to turn up the volume of the TV to be able to hear it."
I said, "I've had to stop watching TV in the room with her because it always starts an argument."
He also asked what my civilian job occupation is/was.
I told him I've been a HVAC technician since the early nineties.
He said so you were exposed to noise made by air conditioning compressors.
He asked me what my military occupation was and I told him I worked as a diesel repair mechanic as my MOS.
I told him I was also exposed during training to noise from firing .50 caliber machine guns, .30 caliber machine guns,M16 Rifles, live grenades, and artillery simulators.
He asked if I used hearing protection, and I told him not when repairing the diesel engines, and I don't remember if we did when firing our weapons during training.
I had nothing to hide but honestly this guy left me with a bad vibe and an unpleasant experience.
The last thing I noticed was, Holy mackerel did this guy have some large feet!
His shoes might have been a size 18.
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Buck52
Yeah just have to wait and see what they decided?...I think you will be denied and I hope I am wrong but just going by what that examiner ask you and your answers. Hearing loss is one of the h
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