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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
SgtKidJoe
Back in 1994, I had a bad landing, tore up both feet, ankles and lower legs after a wind gust caught my chute before landing.
I know I suffered a concussion. The only person that witnessed it was a Navy corpsman.
I don't remember anything the last few seconds before the landing, or collecting my chute and walking the length of the tarmac to get to my vehicle.
I don't remember the driving the hour to BAS, I do remember "waking" up during an xray of my right foot, ankle and lower leg.
I had problems with arthritis in my right foot since, but it was mostly in check since I was able to stay active.
My Left foot and ankle needed surgery to repair the damaged muscles and ligaments. I would step on a rock, and my left ankle would cave outward. It was pretty bad on a 25 mile hike, I twisted both ankles in the 1st mile. Had to put an Ace wrap on both ankles on the outside of my boots.
So I finally got 20% for right foot a few years ago, and then I got 20% for right ankle back in 8/22.
I filed a claim for my left ankle back in 8/22, since I had surgery in 1997 related to the incident while I was in Okinawa. I listed all my BAS and other visits related to the left foot.
The response was, you don't have a reported injury related to that foot or ankle.
In my claim I listed the surgery and what was done, but didn't have any dr's notes about the surgery.
I had to request the information from the national archives.
So my situation is I am listed as 100% P+T as of 8/22, without the left leg injury
Should I file disagreement?
If so, then I need to find a dr that would specialize in this type of injury.
TIA
I have a appeal before the VBA for the right foot and the correct date of reporting. I had filed a claim regarding my right foot, was denied because VA said I was on my personal time (???) during the injury.
It took me a while to get a copy of my TAD orders. The VA wouldn't back date the claim date to cover the 25 months. The VBA judge has had the claim since 2/16/24. I also filed to 10% pain on use\manipulation. I had originally filed for pain in ankle and foot (2 different claims) back in 2014? but was never discussed in any claims nor granted and I have requested that be granted as well to the original claim date.
Edited by SgtKidJoeI left some info out and wanted to add it
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