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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
broncovet
Add yours to the list if you have one:
Memorial Day is May 30. It's a time set aside to honor those who lost their lives in the service of their country.
It's also become a time for people to thank active duty military personnel and veterans for their service to America. Some stores, restaurants and attractions offer freebies, deals and discounts for both current and former military personnel. It's always good to check with individual merchants to ensure their participation and make sure you have military identification.
Here are some of the best Memorial Day offers:
Restaurants
Applebee's: Up to 10 percent off with valid military ID.
Cinnabon: Save 15 percent at participating locations daily with your military ID.
Dunkin' Donuts: Take 10 percent off all online orders every day with your Veterans Advantage membership.
Hooters: Present military ID at Hooters on Memorial Day and for a free burger, buffalo chicken salad, or 10-piece wings.
Lone Star Steakhouse: 20 percent off on Mondays, and 10 percent all other days of the week with valid military ID.
McCallister's Deli: Free meal to all active duty military. Includes complimentary entrée, drink and dessert on May 30.
McCormick & Schmick's: Active-duty military and veterans can get a free entrée for dinner or lunch on Monday, May 30. The options include buttermilk fried shrimp, parmesan crusted chicken, beef medallions, or beer battered fish and chips.
Outback Steakhouse: 10 percent off with valid military ID.
Red Robin: Free appetizer with any $10 purchase all weekend. You have to be a Red Robin Royalty member to qualify and can sign up here.
Shoney's: One All-American Burger with fries is available to each guest with military ID on Memorial Day.
Texas Roadhouse: Receive up to 30 percent off depending on location with valid military ID.
Attractions
Museums: More than 2,000 museums around the country offer free admission to active-duty military and their families from Memorial Day weekend through Labor Day. You can find participating museums here.
National Park Service: Current U.S. military members, dependents of deployed members of the armed forces and most Reservists and National Guard members can get a free annual pass year-round with military ID.
Walt Disney World Resort: Four days military promotional tickets with park hopper option is $196 plus tax. Purchase through Dec. 16 for use now through Dec. 19.
Zoos: Many zoos, including the Birmingham Zoo, offers free admission for all active duty and retired military and their dependents on May 28 from 9 a.m.-May 30 at 5 p.m.
Other
Lowe's Year round 10% Discount for Active Duty, Disabled Vets, retired.
General motors: Active duty, reservists, retirees, veterans and their spouses can receive the General Motors military discount on Chevrolet, Buick, and GMC vehicles through May 31.
Hyundai: Hyundai is doubling its usual $500 military discount for active, retired or veteran military members and their spouses for all eligible 2015, 2016 and 2017 model-year new Hyundai vehicles.
Lowe's: A 10 percent military discount to active duty military members and retired veterans, or VA recipients. Valid military ID required.
Nike: Save 10 percent at Nike.com and U.S. Nike retail stores throughout the year as an active duty, retired or reserve member of the armed forces.
Under Armour: Veterans and active duty service members receive 15 percent off with valid UA Troop ID from May 24 to May 31. You can find out more here.
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