VA General Counsel Precedent Opinions

Question presented

Are same-sex spouses of deceased veterans eligible for DIC and other survivor benefits?

Holding

Following United States v. Windsor (2013), same-sex spouses are recognized for all VA benefits purposes if the marriage was valid in the state where contracted.

Why it matters

Opened DIC, CHAMPVA, and home-loan survivor benefits to same-sex spouses of veterans who died of service-connected conditions.

Question presented

Can a veteran receive both Combat-Related Special Compensation (CRSC) and Concurrent Retirement and Disability Pay (CRDP)?

Holding

No. Veterans must elect between CRSC and CRDP each open season. CRSC is generally more advantageous for combat-related disabilities; CRDP is broader but taxable.

Why it matters

Explains the annual election decision facing tens of thousands of medically retired combat veterans. Wrong election can cost thousands per year.

Question presented

Under the 2010 PTSD stressor regulation, what evidence is needed to establish a stressor based on 'fear of hostile military or terrorist activity'?

Holding

When a VA psychiatrist or psychologist confirms the claimed stressor is consistent with the places, types, and circumstances of the veteran's service, no further corroboration is required if the stressor involves fear of hostile activity.

Why it matters

Eliminates the need for combat awards or buddy statements for many post-9/11 PTSD claims. The C&P examiner's link between service and stressor is sufficient.

Question presented

Must VA adjudicate a claim that was not formally filed but is reasonably raised by the record?

Holding

Yes. VA has a duty to sympathetically read the record and adjudicate any claim reasonably raised by the evidence — including secondary service connection theories the veteran did not explicitly identify.

Why it matters

Foundation for arguing 'inferred claims' on appeal. If the record showed evidence of a secondary condition or TDIU and VA didn't address it, the claim remains open.

Question presented

When can a CUE motion result in an earlier effective date that pre-dates the original claim?

Holding

A CUE finding can establish an effective date as early as the date of the underlying claim that contained the error, but generally not before that claim was filed — even if the error itself occurred at a later adjudication.

Why it matters

Defines the outer limit of CUE backpay. Critical for filers seeking decades of retroactive benefits to understand what is and is not recoverable.

Question presented

What is the effective date for a grant of service connection following an application to reopen with new and material evidence?

Holding

The effective date is the date the reopening claim was received, not the date of the original denied claim — unless CUE in the original denial is established.

Why it matters

Explains why veterans who win on a Supplemental Claim usually get an effective date from the supplemental filing, not from the original denied claim. CUE is the primary path to earlier effective dates.

Question presented

What discharge characterizations bar a veteran from VA disability compensation?

Holding

Only an Honorable or General Under Honorable Conditions discharge qualifies for full VA benefits. Other-Than-Honorable, Bad Conduct (special court-martial), and Undesirable discharges trigger a Character of Discharge determination; Bad Conduct (general court-martial) and Dishonorable bar most benefits absent specific exceptions.

Why it matters

Foundation for character-of-discharge work. Veterans with OTH or BCD discharges are not categorically barred — VA must conduct a fact-specific COD review.

Question presented

What standard applies when determining whether a preexisting condition was aggravated during active service?

Holding

VA must show by clear and unmistakable evidence that any increase in disability during service was due to the natural progress of the condition — not merely that the underlying condition existed before service.

Why it matters

Strengthens the presumption of aggravation. VA cannot deny by simply pointing to a pre-service notation; it must affirmatively prove the worsening was natural progression.

Question presented

What is required to rebut the presumption of soundness when a condition was not noted at entrance?

Holding

VA must show by clear and unmistakable evidence both (1) that the condition existed before service AND (2) that it was not aggravated by service. Wagner v. Principi (Fed. Cir. 2004) later codified this two-part test.

Why it matters

The cornerstone GC opinion behind every modern presumption-of-soundness analysis. A single in-service notation is not enough to defeat the presumption.

Question presented

Does a final BVA decision bar reconsideration of the same issue absent CUE or new and material evidence?

Holding

Yes. A final, unappealed Board decision is binding under principles of res judicata. The only paths to revisit are CUE motions, supplemental claims with new and material evidence, or motions to reopen for prior unestablished service connection.

Why it matters

Defines why most denied claims cannot simply be 'refiled' on the same evidence. Veterans need a Supplemental Claim with genuinely new evidence or a CUE theory.

Question presented

Is age a permissible factor in determining whether a veteran is unemployable for TDIU purposes?

Holding

No. Age cannot be used as a basis for granting or denying TDIU. Only service-connected disabilities and their effect on employability may be considered.

Why it matters

Stops VA from denying TDIU because a veteran is 'retired age.' Examiners and raters who attribute unemployability to age rather than service-connected conditions are reversibly wrong.

Question presented

What evidence is required to establish 'loss of use' of an extremity for SMC purposes?

Holding

Loss of use exists when no effective function remains other than that which would be equally well served by an amputation with prosthesis — judged on the totality of functional capacity, not isolated test findings.

Why it matters

Sets the standard for SMC-K and higher SMC tiers. A foot or hand can qualify as 'lost' even if anatomically present.

Question presented

May VA assign a separate compensable rating for a scar and the underlying disability?

Holding

Yes, if the scar produces functional impairment (limitation of motion, pain on examination, or disfigurement) distinct from the underlying disability being separately rated.

Why it matters

Authorizes separate scar ratings (DC 7800-7805) on top of musculoskeletal or organ-system ratings, increasing combined rating outcomes.

Question presented

Can a veteran receive separate ratings for instability of the knee (DC 5257) and arthritis with limited motion of the same knee?

Holding

Yes. Where instability is rated under DC 5257 and arthritis with limited motion is rated under DC 5003/5260/5261, the two ratings address different functional impairments and may be combined without violating the rule against pyramiding.

Why it matters

The basis for thousands of bilateral-knee claims that combine instability + limited motion ratings. Examiners and rating staff cite this opinion routinely.

Question presented

When is a common-law marriage recognized for VA survivor benefit purposes?

Holding

Common-law marriage is recognized if it was validly established under the law of the state where the parties resided at the time the marriage was formed. VA applies the 'deemed valid' rule for surviving spouses who entered the relationship in good faith.

Why it matters

Allows DIC and survivor pensions for common-law spouses in states that recognize the institution, even if the couple later moved to a non-recognizing state.