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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
vet2018
BLUF: Retiring in a few weeks, just got AD medical records including mental health which I started seeing a few months ago for anxiety-type symptoms and concerns of recurrence of PTSD-type symptoms experienced after a rough deployment around 10 years ago that I never sought help for. I'm concerned that my psychologist, who has apparently has painted me as a hypochondriac, has screwed me over dealing with the VA going forward because they will now downplay all future interactions as being "in my head." Is this a valid concern?
I apologize for the length below, but I'm pretty pissed right now.
In the records for this psychologist I find repeated diagnosis of "Other Specified Anxiety Disorder (Insufficient symptoms)" and the below statements. (this same type of statement is generally repeated across multiple visits)
I'm pretty pissed right now over the statement of "no significant occupational impairments" when I've clearly stated to the psychologist over many months that I have had significant difficulty focusing on tasks, difficulty remaining motivated, etc. I'm basically on terminal leave the past two months but during that time have had extreme difficulty organizing most things in my life. My wife is very ill, I myself just received a diagnosis of a rare potentially very debilitating disease 2 weeks ago, and we were caught in a four-car wreck on the freeway the following day (five minutes away from a pre-surgery consult for my wife where we expect multiple complications) that has left us living on pain relievers and muscle relaxers since then, our stress level is through the roof, and the therapist has been told all of this but made no mention of it in the clinical notes at all. Only statements that I am overly focused on getting ill -- which was in a sense true as I was very worried about "numerous unexplained symptoms" for many months until I finally got the diagnosis (through an objective test by a specialist that clearly demonstrated the illness) two weeks ago that tied all these symptoms together. It turns out that I have a disorder of part of my nervous system that affects multiple systems in the body in different ways, so someone not familiar with the disorder can think the patient is presenting with numerous symptoms with no cause, hence it must be mental.
Bottom line is this therapist has painted a picture of me as a hypochondriac who has no work impairment at all, despite a significant recent medical diagnosis and repeated statements that I have significant difficulty with tasks at home. For example, I have repeatedly said that our house is a mess and I have not been able to get organized enough to complete projects at home to simply clean up. I can't stand it around here but never do anything about it. She just wrote from one visit "He was assisted in exploring cognitions that perpetuate procrastination." I have no hobbies, no desire to do much of anything, I just sit all weekend and make my wife miserable. I've told her this repeatedly and as recently as today and the notes she wrote from today are quoted above. Maybe I wasn't clear enough to her but she has expressed at least some sympathy so I thought she understood what I said.
Also I have repeatedly tried to discuss concerns I had regarding severe stress after my deployment, but she has apparently characterized that as "marital strife" when I clearly told her the strife was caused by my inability to deal with my deployment emotionally and taking anger out on my wife. I've told her I was constantly having flashbacks for five years after my deployment, constantly obsessing over loss of friends and what I could have done differently, etc. None of that is mentioned. In fact, the one time I was able to spend some time talking about deployment experiences a few months ago she finally stopped me and said "Whoa, we need to take a different approach next time and avoid that."
I feel that I've made a terrible mistake in trusting this therapist. My initial concern entering therapy was a fear that I did not properly deal with my deployment and that I could return to my previous condition which alternated between complete detachment and rage. I never spoke to a therapist at the time despite my wife begging me to. Now that I tried to talk to someone I find out that those concerns are completely ignored and I am instead painted as a hypochondriac. Because of that I am concerned the VA will treat me as a "problem patient" going forward and automatically discount any concerns I have as "mental" instead of potentially medical.
How realistic is my concern? Thanks.
Edited by vet2018Link to comment
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vetquest
Yes your therapist might have made things hard for you. What you need to do is get some C&P's completed and see what they say about you. I was discharged at the convenience of the government and
vet2018
Thanks all for the responses. I apologize for the length of these rants but it's a lot to get off my chest and I want to make sure I go through the process correctly for my family's sake. @Buck52
vetquest
I agree with everything by Broncovet. The good thing is that they gave you a diagnostic code of Anxiety. PTSD is a form of anxiety. Survivors guilt is common too. As Broncovet said you need t
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