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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
Richard1954
I know that Dr. Bash is well respected on this forum, so I sought out his service to write me an IMO for my prostrate cancer . He took a long time to get up with me , even failing to call me after a call was scheduled. I had to email him again, and request another call. He was never specific as to the cost of his services. I used Dr. Anise's services in the past and his fees for two IMO's were $1500, in fact that is what he charges everyone. Another doctor Dr. Seiter has his fees listed on his web site and his services for an IMO are $500. Dr. Bash's secretary called me a few minutes ago and quoted me $10,000 for an IMO. She wanted $3000 down, and to arrange a payment plan. I informed her the the fee was ridiculous, explaining what Dr. Anise charged me in the past and what Dr. Seiter charges. She asked me what did I think was a fair fee. I refused to answer her telling her that I though that Dr. Bass was trying to get rich on the back of veterans. Maybe my opinion of Dr. Bash is wrong, I sure hope so. If anyone wants to get an IMO check out the following link from Watchdog.org , it list many doctors willing to provide IMO's.
https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html
I am not a lawyer so take my opinions with a grain of salt...
If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU and 4 SMC awards ! I say JUST GO For It
“Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.
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Richard1954
I know that Dr. Bash is well respected on this forum, so I sought out his service to write me an IMO for my prostrate cancer . He took a long time to get up with me , even failing to call me after a
pacmanx1
IMHO, you do not need to pay for an IMO/IME. Don't get me wrong they are great if you can afford it, I never could. The thing is whenever your symptoms flair up, make sure you are seen or treated by
jamescripps2
I never paid more than a $15.00 or $30.00 copay for an IME or a an IMO. It takes a disabled veteran years of misery to accumulate $10,000 in backpay. A veteran should not have to be rich to win a VA c
15 answers to this question
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