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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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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
Picked By
Lemuel, -
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Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.Picked By
Lemuel, -
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Question
Super Ron
I am retiring soon after 21 years and would like to know what to expect from the VA as far as the process goes. I know there is know telling what I will get, but I have issues that have been routinely addressed.
Here are the chronic issues I put up with on a daily basis that have not been resolved:
Since 1994 I have had testicular pain on a daily basis following a vasectomy. I have tried anti-inflammatories, Neurotin, cord blocks and even a vasectomy reversal with no luck.
Since 2002 I have had back pain since moving some furniture. This is also aggrivated by arthritis between L5 and S1. I have again done the anti inflammtories, tens unit, chiropactor, and physical therapy. I am going today for a traction appointment for the first time.
For years, I have suffered with bilateral knee pain. They tried to do a lateral release on my left knee and left in in worse condition than it was before. I refuse to let them do the other for fear I will not be able to walk with out a cane. Most days I were knee braces. If I didn't I would not be able to walk up the stairs to go to bed by the end of the day.
3 years ago, I had a pop in my elbow. Every since I have pain and burning in my shoulder. The orthepedic surgeon has given me steroid shots in my shoulder but says the elbow was a coincidence. He has never even looked to see if there was anything wrong with the shoulder. The diagnosis is an impingement in the shoulder. Corrective action is surgery but again with the way my left knee was messed up I am scared to let them touch my shoulder.
For the last 2 years I have had migraines. It started as dizzy spells followed by headaches. Took them over a year to figure out they were migraines. I am on Topamax for this but hope to be weened off here within the next couple months.
After years of living in this chronic pain on a daily basis, I have been taken off of flying status. And have finally been given a referal to a pain management clinic off base.
If things go my way, I will be receiving a job offer this week and dropping my retirement paperwork. If not, I will be automatically MEB'ed in July. If the MEB happens, I want to wait until Nov 08 to retire to I can go to school. But at this point, I don't even know if I can go to school with the daily pain and the topamax affecting my concentration.
Anyway, sorry for rambling. Just wanting to know what I can expect for the process.
Ron
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