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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
Tomahawk
Any guesses on to how this will be rated?
Stomach and Duodenal Conditions
(Not including GERD or esophageal disorders)
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
------------
Does the Veteran now have or has he/she ever had any stomach or
duodenum
conditions? [ ] Yes [X] No
2. Medical History
------------------
a. Describe the history (including onset and course) of the
Veteran's stomach
or duodenum conditions (brief summary):
The veteran presents today with the following requested:
"The examiner
is asked to provide the following opinions:a. Is it at
least as likely
as not (a 50 percent probability or greater) that any
current stomach
disability, including GERD, was incurred during the
Veterans period of
active service? Discuss the Veterans reports of frequent
indigestion
and heartburn on his Report of Medical History in
September 1998.b.
Is it at least as likely as not (a 50 percent probability
or greater)
that any current stomach disability, including GERD, was
caused by or
aggravated by his service-connected left foot disability,
to include
his treatment for the condition? Please specifically
discuss the
comments of the August 2010 VA examiner that the use of
nonsteroidal
anti-inflammatoriesin individuals with known GERD may
contribute to the
severity.
"The veteran reports that he started to develop symptoms
of pyrosis
during his military enlistment in the 1990s and was
medicated with
over-the-counter antacids. Review of the veteran's C-file
shows on his
separation exam he
checked indigestion as a symptom. There are no medical
reports of
symptoms of pyrosis or indigestion noted in his service
medical
records. Review of his CPRS electronic charting notes on a
consult that
was placed, that he started to develop symptoms of
gastroesophageal
reflux disease between 2002 and 2003. His first endoscopy
procedure was
completed earlier this year which documented mild
esophagitis, and
further testing at University Hospitals on an outpatient
basis
diagnosed him with gastroesophageal reflux disease. He had
a treatment
course of
proton pump inhibitors that he failed, and as recently as
May 2010
underwent fundoplication surgery at the Wade Park VA
facility. The
veteran states that since the surgery he has had a very
significant
improvement in the episodes of pyrosis. He states if
eating spicy foods
such as Mexican foods with hot sauce,he will still
experience an
episode of pyrosis, but the frequency is drastically
reduced, and as
long as he maintains lifestyle modifications such as
avoiding those
foods, that he does not experience pyrosis. He does also
complain of an
occasional sharp pain noted after swallowing either large
amounts of
food or liquid, which only lasts for a few minutes and
then resolves
since the surgery."
Today the veteran reports that his GERD has become worse
and he is
taking additional medications that now include Omeprazole
40mg daily,
Ranitidine 300mg QHS and Lactobacilus. He reports
increased pyrosis,
more pronounced reflux and some pain in left upper
abdominal area.
Increased belching. Occasional symptoms wake the veteran
at night.
b. Does the Veteran's treatment plan include taking continuous
medication for
the diagnosed condition?
[X] Yes [ ] No
If yes, list only those medications used for the
diagnosed condition:
Omeprazole 20mg
Lactobacillus
3. Signs and symptoms
---------------------
Does the Veteran have any of the following signs or symptoms due
to any
stomach or duodenum conditions? [ ] Yes [X] No
4. Incapacitating episodes
--------------------------
Does the Veteran have incapacitating episodes due to signs or
symptoms of any
stomach or duodenum condition? [ ] Yes [X] No
5. Other conditions
-------------------
Does the Veteran have any of the following conditions? [ ] Yes
[X] No
6. 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 the
conditions
listed in the Diagnosis Section above?
[X] Yes [ ] No
If yes, describe (brief summary):
Veteran has GERD
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, if any:
No answer provided
7. Diagnostic testing
---------------------
a. Have diagnostic imaging studies or other diagnostic
procedures been
performed?
[X] Yes [ ] No
If yes, check all that apply:
[X] Upper endoscopy
Date: 2009
Results: see below
b. Has laboratory testing been performed?
[ ] Yes [X] No
c. Are there any other significant diagnostic test findings
and/or results?
[X] Yes [ ] No
If yes, provide type of test or procedure, date and
results (brief
summary):
Endoscopic reports confirms mild esophagitis, and other
testing
confirms gastroesophageal reflux disease, and the
veteran is status post fundoplication surgery.
8. Functional impact
--------------------
Do any of the Veteran's stomach or duodenum conditions impact
his or her
ability to work? [ ] Yes [X] No
9. Remarks, if any:
-------------------
The examiner is asked to provide the following opinion
s:
a. Is it at least as likely as not (a 50 percent probability
or greater)
that any current stomach disability, including GERD, was
incurred during
the Veterans period of active service? Discuss the Veterans
reports of
frequent indigestion and heartburn on his Report of Medical
History in
September 1998.
b. Is it at least as likely as not (a 50 percent probability
or greater)
that any current stomach disability, including GERD, was
caused by or
aggravated by his service-connected left foot disability, to
include his
treatment for the condition? Please specifically discuss the
comments of
the August 2010 VA examiner that the use of nonsteroidal
anti-inflammatoriesin individuals with known GERD may
contribute to the
severity.
2507 requested opinion:
a. After a review of the veteran's available medical records
he does not
have a "stomach" condition. The veteran has gastroesophageal
reflux
disease. Although he reported symptoms on his "Report of
Medical History"
in September of 1998 there is no other documentation found in
his service
treatment records that represents objective evidence to
support the
diagnosis. Therefore this examiner would have to resort to
speculation to
determine that his complaints as listed above were the first
manifestations of his gastroesophageal reflux disease.
b. Although the use of anti-inflammatory pain medications can
increase the
severity of symptoms and GERD itself there is no baseline
Esophagogastroduodenoscopy to document findings either prior
to his use of
chronic NSAIDs or early in his development of symptoms of
GERD to
establish a baseline. Therefore it would be at least as
likely as not that
the veteran's GERD was aggravated beyond it's normal
progression however
this examiner cannot provide a degree of aggravation because
of the above
rationale.
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