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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
Buck52
VA News Release
VA Announces Departure of Acting Under Secretary for Benefits Danny Pummill
06/16/2016 10:53 AM EDT
VA Announces Departure of Acting Under Secretary for Benefits Danny Pummill
WASHINGTON – Today, the Department of Veterans Affairs (VA) announced the departure of Danny G.I. Pummill from his post as Acting Under Secretary for Benefits at the Veterans Benefits Administration (VBA). Mr. Pummill has served as the Acting Under Secretary since October 19, 2015. Mr. Pummill had previously planned to retire by the end of 2015, but upon the departure of previous Under Secretary for Benefits Allison Hickey, he remained as head of the administration at the request of Secretary Robert A. McDonald. His continuing service helped ensure the critical continuity required to complete VBA’s transformation, and help expand the MyVA effort at the administration level.
“Danny has been the consummate Veteran advocate. He naturally embodies the spirit of MyVA by frequently meeting and talking to Veterans and VA employees where they live and work, listening to their concerns and taking their feedback,” Secretary McDonald said of the career Army officer. “His hands-on approach of making Veterans the center of everything we do is exactly what we are all about. I am saddened to see him go but deeply appreciate that he agreed to stay on and lead VBA as long as he did.”
Mr. Pummill began his tenure at VBA in 2010 as the Deputy Director for Policy and Procedures for the agency’s compensation service. Two years later, he became Director of the VBA/Department of Defense Program Office, and in 2013, he was appointed Principal Deputy Under Secretary for Benefits. Prior to coming to VBA, he served in the Army for 33 years as both an enlisted soldier and an officer and then continued with the Department of the Army as a civilian employee for five years.
While serving as Acting Under Secretary, Mr. Pummill continued the momentum of reducing the compensation claims backlog, closing out 2015 with 75,000 backlogged claims – an 87-percent reduction from the 611,000 peak in March 2013. He pioneered and championed the ongoing compensation and pension exam experience improvement effort, and he oversaw the implementation of the agency’s national work queue, the expansion of disability compensation eligibility for Veterans exposed to contaminated water at Camp Lejeune and contract awards totaling $6.8 billion for medical disability examinations.
“The greatest fulfillment of my life has been serving my country and my fellow Veterans, their families and their survivors,” Mr. Pummill said. “In my time at VBA, I continued to be impressed by the dedication and selfless sacrifice of the employees in service to our nation’s Veterans. It has been an honor and a privilege to serve as their Acting Under Secretary for Benefits and it is with mixed emotions that I leave this great organization to begin the next phase of my life.”
Acting Principal Deputy Under Secretary Thomas Murphy will be appointed as Principal Deputy Under Secretary for Benefits and assume the role of Acting Under Secretary for Benefits. Mr. Murphy joined VBA in 2009 as the Director of the San Juan Regional Office in Puerto Rico. Prior to becoming Acting Principal Deputy Under Secretary, he served as Director of compensation
I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!
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