Saunders v United States 2018-04-12

Jason Perry submitted a new resource:

Saunders v United States - Federal Court of Appeals case stating pain is a basis for VA compensation

This case is very important. First, as far as its impact, it is a decision of a three judge case before the US Court of Appeals for the Federal Circuit. This is a court above the US Court of Appeals for Veterans Claims (and one level of judicial review below the US Supreme Court). This case may be appealed to the Supreme Court, but, for now, this case is binding law.

As far as substance, it is HUGE. The reason for this is two-fold. First, it impacts a huge number of cases. Second, it states...

Read more about this resource...

 

All- sent selected files to folks in the Gulf Coast VA System/VISN-16 in particular the Gulf Coast VA OEF/OIF Representative (at website: https://www.biloxi.va.gov/services/returning/index.asp ), in hopes they would forward to "Higher HQ" within the US DVA System- hopefully to National US DVA Level!

Being stationed abroad quite a lot, sadly on one of my tours, had a LT walk into a "old" leftover minefield, and was injured! Resultant, we were directed to, as best we could, put together an "overlay" map of were all these "minefields" were "possibly" placed and perhaps not "deactivated"!

I bring this up, as the US DVA or US Government could in fact hire "historians' to go back through these unit histories and generate a "user" friendly data base of were things like "defoliant" and CS Gas etc.. were in fact utilized to assist Vietnam and other pre-Vietnam Veterans of other conflicts....

ALL- below are attached "selected" files- broken into three parts, in order fit this thread, I sent to US DVA Provider's and other's in hopes they would forward to US DVA National! Sadly, it seems, they have not as I have asked via text messaging, regular-email, and US DVA MyHealtheVet Secure Messaging and received no answer...... UNFORTUNATELY!

Therefore, am posting here in hopes it might greatly assist some Vietnam Veteran out there, as well as highlight the potential need for US Military Unit Historians in the "never-ending story" of the "Global War on Terror!"

Once again these files came from

“The US Army in Vietnam”
The Bud Harton Collection at the
Texas Tech Virtual Vietnam Archive
At: http://www.recordsofwar.com/vietnam/army/


Kind of reminds one of "time"," as if things are not recorded properly they are "forgotten/ possibly denied" by the "collective conscience" kind of like the band "Pink Floyd" song "Time" courtesy YouTube video ​

"Pink Floyd - Time (2011 Remastered)" at YouTube:

View: https://www.youtube.com/watch?v=JwYX52BP2Sk

Or perhaps even the "movie" "Jupiter Ascending" starring Channing Tatum (from Alabama oddly- up around 'Wetumpka" parts [one largest metor strikes US vic Wetumpka AL]) and Melia Kunis wher the whole movie is just pretty much about "buying" more time- see: "Jupiter Ascending Official Trailer #3 (2015) - Mila Kunis, Channing Tatum Movie HD" at YouTube video:

View: https://www.youtube.com/watch?v=RKy4WqGVD8w

 

I am already using this case with my clients at the VA RO and BVA. Opened the door to increased ratings when ROM is normal, but pain exists. Or, when a joint appears normal, but pain can be used to justify the joint disability on the VA Schedule of Ratings. Not sure if my interpretation is correct or how the VA is going to interpret it, but "throwing it" at them to support difficult joint conditions; and also unemployability as a result of widespread pain.

 

Sir, how does this impact things like being diagnosed fibriomalgyia, pain for existing service conditions such as arthritis, etc..... and or conditions not service connected?????

Or is perhaps too early to tell.....?????

I would also like to know how this would impact Fibromyalgia ratings as this was my cause for TDRL. Does this also apply to non-joint conditions such as GERD?