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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
msh789
Brother, who worked doing claim appeals for veterans, seems to think he might still qualify.. I don't get it..
Dad was in the Korean war, he is 88, and he has always had an occasional nightmare of still being in the war, and the nightmares have gotten really bad. Other PTSD symptoms, but he is his own worst enemy, and has always refused to see a doc nor even let his PCP at least prescribe him med's for it. So, he was never diagnosed by a doctor.
But when he went to see the VA doctor after filing his claim..the exam for his claim, the doc went over a few questions and concluded by saying 'how would you like to get $1200 for your claim..?'..I don't see how the doc can say this..First of all, it isn't up to the doc to decide the decision of his claim, is it..? But the doc said it in a serious tone..
In addition to the nightmares, dad jumps when the phone or doorbell rings, he panics when left alone, he freaks out when he hears unfamiliar noises..And he did tell the VA doc that one time, back in the 1970s or so, he was visiting a friend and heard a BOOM..and dad hunkered down to the floor. He witnessed an army buddy literally get blown up right next to him, and one night, he was in service, he was sleeping and he woke up to a loud noise, he stood up, and no sooner than he stood up, the wall right next to his bed where he was sleeping caved in....he said if he hadn't gotten out of bed, he would have been dead...
But he has never been diagnosed with PTSD bc of his stubborn pride....and that is him being his own worst enemy, unfortunately..
I just don't see why my brother, who did claims for veterans for years, and this examining VA doc...seem to think he will apparently qualify..? I thought you have to have a PTSD diagnosis..?
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Berta
Your Dad needs to use this form-the fastest way to get a C file copy- https://www.va.gov/vaforms/va/pdf/VA3288.pdf It should be copied, for his records and sent to U.S. Department of
jamesriley1990
You have to write a letter to the VA specifically asking for your C-File. Youll need Name DOB SSN Branch etc. I did this recently, still waiting for it to come in the mail. I do not remember the addre
Berta
This form 21-3288, if your father signs it , is the best way to get a C file-send it to the RO he deals with. Using FOIA is also not needed if he signs for a copy of his VA medical records. The R
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