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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
kkp
Berta I have been reading about your gripes With your poA for quite a while. At first they were totally FRENCE TO THIS HILLBILLY. The longer I read, the more I learn. I have recently been in the trenches with my American Legion POA. In my case I recently had a secretary making major decisions on what evidence should or should not be sent to the ro in support of my case. I to am very upset, and did not take it setting down. I took it all the way to the top. Ironiclly I ended up saving her , Her job.
I am now being represented by the rep who's office is in the ro.
Only today I was reading the AMERICAN LEGION POST SERVICE OFFICERS GUIDE 2006 EDITION. I am quite sure you are fully aware of there regs. I also know there are many who don't. I personally find it disgraceful that the vet. has to know all of the Va's Regulations, in addition now to also knowing the poa,s rules that they work under.
I have read many times on this sight of the frustrations that people like Vike 17 has stated. ( If the evidence was sent in on the original claim that was won on appeal) the system would not be so clogged up. He is right you know, But is this the vets fault, IN MOST CASES NO. In to many case its PoA-s who are untrained or just simply dont care. As we all know when we file a claim we don't know diddly. We trust the road to handle it for us. Its only after our claims have been botched that we have to start learning why. AGAIN I WILL QUOTE OTHERS WHO WORK AT RO'S- IT'S A VERY SMALL PERCENT OF THE CASES THAT HAVE TO BE APPEALED, WHICH MEANS MOST POA'S ARE DOING IT RIGHT. I WOULD VENTURE TO SAY THAT MOST HEAR ON HADIT FALL IN THE LATTER.
Following I will paste one paragraph from manual mentioned above That gives Berta every right to pursue her case and perhaps some day set a standard in the courts for us all. Hopefully it will get that far.
CLAIM FORMS, DOCUMENTATION
AND CORRESPONDENCE
Post Service Officers should not hold such material.
To avoid delays and potentially lost benefits,
all claims or correspondence submitted to the PSO
should be immediately directed to the DSO at the
VA regional office having jurisdiction over the geographic
area where the claimant lives.
It is also important that no material or evidence ever
be submitted directly to VA. Should a benefit claim
be denied, the PSO should advise claimants to contact
the DSO right away, before initiating an appeal or
taking further action on their claim.
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