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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
jfrei
They can never get my claim right since 2010 I’ve been fighting tooth and nail to get what I have obsessions and research for the past 4 years straight about to have my wife divorce me. But she stuck it out the hard part and now I’m 100 scheduler p and t onset date of 11/16/17. My claim was from 2010 when my original decision and was 90 percent ok they corrected it finally in 2016 but not backdate it to when I filed my claim in 2010 but the best part is when they remanded two issues one currently in the blackhole of the AMC with an advance on the docket and a congressional inquiry still with one person awaiting a decision for my post thrombotic syndrome well documented so it’s just a waiting game. Not my issue it’s the fact they granted my sTBI but denied my skull fracture since my first page in my record had a typo it said skull fracture(neck fracture) not a doctor apparently the clivus at the base of your skull is the clivus. They xrayed my back neck not my skull and denied it now I have to waste my money to hire a IMO to review my medical record s and previous cat scans mris. just to say what not one but four other doctors who attended me in my coma did in 2006 opinionated about having a skull fracture against there one Dr. D.S. sorry started laughing to my self in a maniac phase thought it originally said BS at the RO who looked at me wondering why I was laughing at him...I am sorry for this rant. Am I doing the right thing about hiring an IMO is there a quicker way of getting this appeal finished the right way I’m to the point of driving to the BVA in person as it’s an hour drive maybe two if I get lost in traffic, the RO said said I didn’t have to wait for the remanded issue to be finished to appeal the decision my mistake my 120 days are up? What would happen if I show up at the BVA asking how to reconsider my claim with my 100s of medical records and opinions? I am losing it my wife needs this VA shit over with I don’t want to lose her to my OCD of this shit sorry about my language...
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Gastone
At some point early on in the Appeals Process, you made a Representation Decision to go it alone. From your above post, that decision has not been validated. At this point, you saved 20% of nothing by
vetquest
Take a step back and ask yourself which is more important, your wife or your VA case. I know how easy it is to get balled up in your case and lose sight of what is more important. My discharge was i
vetquest
Awesome family photos.
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