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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
flow1972
Every interaction with the VA Claims people makes me want to pull my hair out. I was granted SC for Asthma last year at 10% as worsened by service. 10% because I was on an Albuterol Inhaler as needed.
I submitted a Claim to increase the rating to 30% because I was recently put on an inhaled cortiso-steroid which would put me at 30%. I'll be damned if they didn't even examine me for it...they requested a DBQ from a Dr I've never seen who "decided" that basically it never should have been SC'd in the first place because though it does show I had to be treated in service and prescribed an inhaler (literally states I'd never needed one in 11 years prior to service) that he doesn't really think I even "have asthma" but if I do...it wasn't "worsened beyond normal disease progression".. Wait what? I don't really have it...but just in case..it didn't get worse by more than it would normally have. OMG!!!! I want to freaking scream right now!!!! He literally wrote some lengthy diatribe of my history where he double-talks the entire way through. Just exactly what IS "normal progression" for a disease I don't have, Mr. Asthma expert? He literally says two different things in one statement. Notes I've only been seen X amount of times...blah, blah, blah. Well, let me tell ya, Mr. Expert. The reg does not in any way state I have to be seen a specific number of times. Considering I hadn't been seen AT ALL for 11 years for anything even resembling Asthma prior to service...then even ONCE is MORE than before. What it states is was it "worsened"? No visits, no meds...to visits and meds = worse. I'm D-O-N-E with these idiots. I'm literally going to get a lawyer to deal with them. I am literally at 91.37% (was 92.23) with an open HLR on incorrect rating that should have also been at 30% with another open new Claim. This is nothing more than them TRYING TO KEEP VETERAN's FROM HITTING 100%!
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pacmanx1
I am currently in the process of writing a response to a VARO decision that decreased my rating from 50% to 10%. I filed a NOD, and the VARO just restored my rating back to 50% but screwed up the effe
GBArmy
As pacmanx1 you need to file a NOD promptly, or the reduction will stick. Worse case situation is i opinion negative by the VA and 1 opinion positive for the veteran. Tie goes to the veteran. You shou
flow1972
Question...in the "New System" can I even file a NOD, or is it literally the 4 "choices" they give you where you'll wait for MONTHS for anyone to even look at it...? I've seen nothing in the New Syst
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