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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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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
ShilohLee
I was contacted and sent to LHI for ratings increase on PTSD. I was of course on edge just because and then going to a unknown contractor bothered me a bit. But as I read on here they listed the doctors name and credentials which I used to investigate the doctor and liked what I found. I showed up to the appointment and expected the appointment to last at least half as long as they paperwork called for which was about an hour and a half. Appointment time was 0800 hrs and I was back out the door and in my car by 0825. Now to the nitty gritty. It was not bad at all. The doctor had reviewed all of my stressors prior to me coming in and we did not speak of them at all not even in passing. What I would have given to know that he had no interest the previous three days would've kept me from crawling the walls and being even more anxious than normal.
Primarily it was spent doing a down and dirty DBQ where he asked about changes and I presented my notebook and letters from family and the one friend I have left. Before I knew it we were at the end and had in my opinion not really delved in deep as I had expected or experienced in my initial PTSD assessment. I knew it would be somewhat shorter but it was short enough that I was thrown off and even told him "it is in my best interest to go into as much detail as I can with my notes" and was quickly told that it was not necessary. This alarmed me and the whole time I was wondering in the back of my head if this wasn't some sort of Hatchet job and now was convinced that we had a problem. But he reassured me that if I needed to go ahead and talk about the symptoms more then by all means go for it. I know that I must've had the strangest look on my face maybe even the slightest bit of homicidal maniac....All I kept thinking was something is wrong....wrong wrong and more wrong. BOHICA BOHICA oh no here it comes. Its been barely 20 mins how could this be so quick? I mean we are going up for 100% from 70% quite a bump and change in status.....
He told me that for what it was worth he was approving or submitting the paper for the increase. Also said he was not sure why I did not have it already from the first C&P, but we all know why don't we? Now I figure he could have lied and might have but I don't see the upside really...not that its not possible....either way...
Now that don't mean nothing and I wont believe that or anything else until I see it when I check my bluebutton records or a brown envelop shows up in my mailbox.
But what if....Could I finally be done fighting them and maybe get my 100%? I mean one little NOD and three years later another C&P could I be so lucky not to have to play whack a mole all the way up to DC? maybe just maybe....
When I was leaving I ran into the guy that was waiting along side me for an 8:00 appointment and he said " this is a new one on me" I agreed, he was there after submitting a NEW PTSD claim down the FDC (fully developed claim) route 3 weeks ago.....Three weeks ago he submitted his stuff and was there same day as me doing a C&P maybe things are picking up speed finally...maybe
Edited by ShilohLeeLink to comment
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GBArmy
ApolloBolling It's what we call the Hamster Wheel. Bouncing back and forth between Review and Gathering. Happens frequently. You're really not going to get much of an explaination from Peggy. My guess
GBArmy
Vync It is what it is. We also call it the hamster wheel. Now, if there was some ADDITIONAL monetary considerations that the VA had to pay out to the veteran for sloppy work (or sloppy work from outsi
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