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
Costello v. McDonough (2023)
This case involved the denial of a higher disability rating and earlier effective date for coronary artery disease 2. It addressed the validity of certain VA regulations and due process rights for claimants.
Procedural Matters
Kernz v. McDonough
This case dealt with the appealability of certain Board of Veterans’ Appeals decisions and issues around class certification in veterans’ claims 2.
Edwards v. McDonough
This case highlighted the importance of addressing ambiguities in veterans’ submissions and ensuring adequate VA medical opinions for proper adjudication 2.
Other Significant Precedents
- Clear and Unmistakable Error: PREC 68-91 addressed issues related to clear and unmistakable error, changes in diagnosis, and minimum ratings for multiple sclerosis 3.
- Electronic Claims: PREC 65-91 established guidelines for accepting electronic claims and facsimile documents as evidence 3.
- Evaluation of Disabilities: PREC 66-91 provided guidance on evaluating separately ratable disabilities 3.
- Recoupment of Severance Pay: PREC 67-91 addressed the recoupment of disability severance pay from disability compensation 3.
Sources:
- (1) PDF An Overview of Precedential Cases of the Court of Appeals for …
- (2) 26 Cases from the Court of Appeals for Veterans claims
- (3) 1991 Precedent Opinions – Office of General Counsel
- (4) PDF Veterans Law Review, 2016, Vol. 8 – An Overview of Precedential …
Cases and Law:
- Frost v. Shulkin (2017)
- Saunders v. Wilkie (2018)
- Martinez v. McDonough (2023)
- Costello v. McDonough (2023)
- Kernz v. McDonough (2023)
- Edwards v. McDonough (2023)
- Williams v. McDonough (2024)
- 38 U.S.C. § 1110 – Basic entitlement for disability compensation
- 38 C.F.R. § 3.310 – Secondary service connection
- 38 C.F.R. § 20.202 – Notice of Disagreement
- VAOPGCPREC 66-91 – Evaluation of Separately Ratable Disabilities
- VAOPGCPREC 67-91 – Recoupment of Disability Severance Pay from Disability Compensation
- VAOPGCPREC 68-91 – Clear & Unmistakable Error, Change in Diagnosis; Minimum Rating for Multiple Sclerosis
- VAOPGCPREC 65-91 – Electronic Claims & Facsimile Documents as Evidence
These precedential opinions provide important guidance on various aspects of VA disability claims and procedures. The links will take you to the full text of the opinions or to the VA’s list of 1991 precedent opinions where they can be accessed.
Sources:
- (1) PDF An Overview of Precedential Cases of the Court of Appeals for …
- (2) 26 Cases from the Court of appeals for Veterans claims
- (3) 1991 Precedent Opinions – Office of General Counsel
- (4) PDF Veterans Law Review, 2016, Vol. 8 – An Overview of Precedential …
