What are precedent cases in VA disability benefit claims, and which are most common?

Preparing to file a VA disability claim can be confusing, especially with the way the VA operates – frequent changes and updates, details and rules that are easy to miss, and so on. The thing is, the VA's decision making process and rating scale has evolved a lot over the years, and a lot of that has to do with precedent cases.

These recurrent situations led to the VA realizing that some conditions applied to a high volume of veterans, leading them to label it as universal. But what does that really mean, especially in regards to your VA disability claim?

Let's go over what precedent cases are and some of the most common examples:

What are precedent cases?

A precedent case occurs when decisions are made by higher courts, such as the US Court of Appeals for Veterans Claims, to establish a legally binding rule in regards to how the VA handles certain ratings for disability benefits. So basically, these cases establish how service connection is awarded for certain claims – usually after a lot of evidence has piled up to show that a situation is universal among veterans.

Why should veterans know about precedent cases?

It's important for veterans to know about precedent cases in order for them to assert their rights to certain VA disability benefits. Citing these cases produces a stronger claim, ensuring fair treatment and the result of all the benefits that they deserve. When veterans know the rules and history of the VA, they're better able to advocate for themselves (especially if working with a private medical evidence provider, like us).

Common precedent cases throughout VA history

There are a lot of different precedent cases throughout VA history that have changed the course of the way the VA awards service connection for certain conditions. Here are a few noteworthy ones to be familiar with:

• Saunders v. Wilkie

  • In 2018, Saunders v. Wilkie determined that generalized pain, even without a diagnosis, can be considered a disability that veterans can get VA disability benefits for. As long as the pain causes functional impairment, it counts.

• Caluza v. Brown

  • Back in 1995, Caluza v. Brown established the 3 different elements of service connection that are required in order to get an approved claim: a current disability, a service event / injury / illness, and a medical nexus. Learn more about all three of these elements here.

• Clemons v. Shinseki

  • Clemons v. Shinseki occurred back in 2009, a precedent case that resulted in the need for the VA to consider a claim broadly, beyond just the diagnosis written down. This conclusion arrived due to a veteran with PTSD, where the VA initially denied the claim without considering whether the veteran's other diagnosed conditions (depression and anxiety) could also be service-connected.

• McLendon v. Nicholson

  • In 2006, the case of McLendon v. Nicholson concluded that the VA has to give you a medical exam if there's any reasonable chance that your condition could be service-connected. This protects veterans' rights to have their claims fully evaluated, rather than overlooked.

• Walsh v. Wilkie 

  • Years back in 2020, Walsh v. Wilkie led to the conclusion that the VA must consider if a service-connected condition makes obesity worse when deciding secondary service connection. If the veteran's records clearly show a raise in obesity, the VA cannot ignore it.

How are precedent cases different from presumptive conditions?

There's some confusion between precedent cases and presumptive conditions, because both offer veterans a more clear pathway to the benefits they deserve. They are different though.

Precedent cases are legal decisions from higher courts that set rules for certain elements of how claims are handled. Presumptives, on the other hand, immediately grant certain veterans VA disability benefits based on their involvement in certain service events or activities. Learn more about presumptive conditions here.

We help veterans get the medical documentation they need

A strong VA disability benefits claim starts with detailed and accurate documentation. We can help you with Nexus Letters, DBQs, chart reviews, and more – getting what you need to be prepared. Instead of going it alone, work with one of our professional medical experts to get exactly what you need.

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