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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 rating
Picked 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.
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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
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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
allan
Military Vaccine Flattens GI, Aged 17
Sharyl Attkisson
CBS News
http://www.cbsnews.com/stories/2004/03/01/...ain603284.shtml
Posted 3/1/2004 9:08:00 PM
More and more news continues to surface about the significant adverse side-effects of the experimental anthrax vaccine.
Military Vaccine Flattens GI, Aged 17
MONTEREY, Tenn., March 1, 2004 -- Amid all the war stories that have come out of the conflict with Iraq, Tyran Duncan's hasn't been widely told. The willing soldier became an unwitting victim to the vaccinations he was required to take to deploy. And as CBS News Correspondent Sharyl Attkisson reports, he's not the only one.
Tyran Duncan was just 17 - Number "45" at Monterey High in Tennessee - when he signed up for the Army.
"I was excited," says Duncan. "I mean it's always been my lifelong dream to go into the military and, you know, be a soldier."
At boot camp, he eagerly lined up for vaccinations, including flu and anthrax.
"They gave us, I'd say, seven shots … at one time," he says.
First he got a rash, then flu symptoms.
"It got to where I couldn't walk at all," he says. "I couldn't even hold my glass up with both hands to take a drink out of it.
"Basically they accused me of faking it."
But Duncan wasn't faking. Within days, he was paralyzed, on a respirator and certain he'd die, until his grandmother who raised him came to help.
"There was nothing wrong with him when they got him," says Duncan's grandmother Faye Harville. "It had to be the vaccines. I'll never see it another way."
Rehabilitation video chronicles his difficult fight back. At one point last January, he weighed 96 pounds.
Months after his paralysis hit, he was finally back at home, but he still couldn't feed himself or put on his shoes.
Today, he remains unsteady, and muscle and joint pain are constant companions.
Duncan's paralysis was diagnosed as Guillain-Barre Syndrome, which is clearly listed under "adverse reactions" on the anthrax vaccine label.
But soldiers don't get to see that vaccine label when they get their shots. And the Pentagon publicly claims there are no long-term adverse events from the anthrax vaccine. So soldiers may end up misdiagnosed, then discharged with serious illnesses.
Incredibly, Duncan has been listed as "active duty" all this time, meaning the Army has yet to process his medical case or decide on compensation.
"Looking back on what I used to be and what I am now, it's heartbreaking," says Duncan.
But without the military career and questionable health, looking ahead can be even harder than looking back.
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