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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.- 4 replies
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RichardZ, -
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
Berta
As you know , I determined my husband had been malpracticed on by two VAMCs, after he suddenly died over 2 decades ago.
I immediately requested his medical records, even though we thought he was not entitled to see them because a VA nurse had chastized him for even looking in his Med rec file, one day while we had waited for hours for an appointment.She screamed at him ( a PTSD vet) and I feared he would really get angry- and she said he was not allowed to see his own records. But he didn't respond to her at all and gave her the file back. What dopes we were. I didnt think I could get his medical records, but I did.
I recently requested what appeared to be maybe only one page of a C & P Neuro exam he had in 1993.I thought maybe there was nothing more than what I had -2 pages of the Appointment.
I had two of the pages, but nothing else as to the results, whereby the Neuro doctor had decalred him 100% P & T due to a catatrophic stroke.
Yesterday I got 13 pages of the exam results.....? Some of the results are wrong- based on established medical evidence.
Also when NVLSP determined my EED, they had some sort of C & P exam result or entry , in October 1988, whereby a VA doctor had noted my husband's heart disease. They used that date as his EED. I do not remember him having this exam at all. Importantly ,it shows the VA failed again to properly diagnose and treat his AO IHD, and again months after the initial heart attack, they never told the veteran he even had a heart condition,but I felt my EED was 8-13-88, the first day VA had evidence of a heart attack my husband had that day , at the VAMC where he worked...the 8-13-88 EKG revealed it ,yet they never followed through on it and instead said he had a sinus infection that caused his on the job collapse. The NVLSP lawyer argued that I was "lucky' that this exam acknowledging the heart condition had be done. I said what do you mean Lucky- the VA killed him, and this entry is one more way they failed to tell the veteran of his heart cndition, and continued to fail to diagnose and treat- and could have began a CAD work up right away, as the8-13-88 ER Certificate called for. But I was satisfied with most of the Nehmer decision. They awarded two CUES i had and my current CUES are about another part of the decision.(and I believe the audit was completely wrong for the retro and sent them my figures on that)
My point is, my C file revealed probative evidence of malpractice, hidden from the OGC as well as a 6 page autopsy.When I realised the OGC did not have it, I sent it to them and they reversed their initial FTCA denial and settled with me.Another Peer Review supporting my charges, had 'disappeared' from the VA.I had to start all over agan without it at the OGC.
I found it at the bottom of my C file, almost 10 years later. The report that OLMA Office of Medical/legal VA told me had "never existed."
I used it for my AO IHD claim.
Not only might your C file surprise you, but you also might find that your copy of your VA medical records might be missing some information pertinent to your claim.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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broncovet
When I exited from service, I was given complete records..as complete as they have them, on paper. I can not emphasize enough to hold on to those. Dont depend on VA, the NPRC, etc. etc. to hold on t
Berta
As you know , I determined my husband had been malpracticed on by two VAMCs, after he suddenly died over 2 decades ago. I immediately requested his medical records, even though we thought he wa
GBArmy
Buck I can relate to a lot of what you said. It was a different time and certainly a different place. You had to be in REALLY bad shape to see a doc. A medic would give you aspirin or something like
8 answers to this question
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