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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
Buck52
Hello Everyone
Just thought I'd give y'all an update on my wife health.
She seen the surgeon yesterday, her recommendation was to have another drain tube installed to help the other two that she has now,(to help speed up the draining of the infection) although she said the drain lines are doing what they are supposed to do , its a slow slow process draining out the gangrene infection and its still has to much infection to do the surgery, it needs to drain out more.
so she was placed on a low fat diet (she can eat real food now) unless it hurts her lower stomach /gallbladder area) the antibiotics are working but like the Dr said its a slow process due to the gangrene infection and its in her blood system ,so they rely on the antibiotics for that...and the drain tubes.
she is talking now and recognizes people and still in her right mind thank God, So after yesterday seeing the surgeon the Dr said she was slowly showing improvement but she wants to keep her in the Hospital for the care she been getting and add that extra drain tube and will see how she is in 2 more weeks. (the Doctors and Nurses at the Hospital are wonderful we could not got any better people...so were forever thankful for them. they help her and bend over backwards and do things that is not really a part of their jobs. (God Intervention)
The Dr said this might have to take another 4/5 weeks it maybe Mid September before they can do the surgery , but will try before that depends on how the infection is? Because..right now there's just to much infection to do the surgery and it has a high risk...vs taking the conserved approach which we elected to do, the Dr Agreed.
I wanted to Thank Everyone each and everyone of you that sent prayers for my wife (Brenda) we both know they do work and I believe she had a miracle ...because there at one time the Dr mention to the family be prepared for the worse but now she is not having the pain she did have she still has some but she can tolerate it much better, she is able to talk and ask for things and they start rehab on her today, she has not got up out that bed now going on 4 weeks straight,,she to weak to walk but there going to work on that.
I feel so much better now and need to take care of some business and pick up around the house , my son and daughter law has been bringing me over a plate of food in the evenings.
So please keep those prayers coming she is not out of the woods just yet..... God Is Good Everyone.
We both Thank all of you for your prayers and compassion, we won't never forget that.
I will return to hadit as soon as I can,,,I need to work on a CUE for EED myself...after an audit letter was sent to me and they could not go back to the dates I requested back to 1998 to present) said they don't have the records that go back that far.(1998).which is a blatant lie I have them in my C-file back to 1998..in turn they said I was not due any retro and the retro that was paid to me was correct.
its not correct and now have to file a CUE. I am not so sure we can appeal an audit of our claims?
God Bless Everyone here on Hadit and your Family's.
Stay Safe and Well Everyone.
Buck & Brenda
I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!
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Buck52
Hello Everyone Just thought I'd give y'all an update on my wife health. She seen the surgeon yesterday, her recommendation was to have another drain tube installed to help the other two that
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