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S. 847current Law Provides A Presumption That Certain Diseases Manifesting In
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allan,
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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
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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
FWD:
S. 847
Current law provides a presumption that certain diseases manifesting in
veterans entitled to the presumption were incurred in or aggravated by service,
that is, that the diseases are service connected, even if there is no evidence
of such diseases in service. A presumption is provided for certain chronic
diseases if manifested to a degree of disability of 10-percent or more within
one year of separation from service, for certain tropical diseases if
manifested to a degree of disability of 10-percent or more (generally) within one
year of separation from service, for active tuberculosis or Hansen’s disease
if manifested to a degree of disability of 10-percent or more within three
years of separation from service, and for multiple sclerosis if manifested to a
degree of disability of 10-percent or more within seven years of separation
from service. S. 847 would eliminate the requirement that the manifestation
of multiple sclerosis occur within seven years of separation from service to
trigger the presumption.
VA does not support enactment of this bill. First, the current presumptive
period of seven years is already the most generous one provided under 38
U.S.C. § 1112(a). Second, we are aware of no scientific or medical justification
for presuming multiple sclerosis to be service connected, no matter how long
after service it first manifests, in light of the medical literature
indicating that there is genetic susceptibility to this disease of unknown cause.
Even if a veteran cannot qualify for the current presumption, service
connection is not precluded under current law if the veteran can establish that his
current multiple sclerosis is in fact related to his or her service. Further
liberalization would appear to undermine the purpose of providing
compensation for disabilities incurred in or aggravated by active service.
VA estimates that the benefit costs of this bill if enacted would be $185.5
million in the first year and $4.9 billion over ten years. We estimate
administrative costs to be $4.7 million for 68 full-time employees the first year
and $85.3 million for 96 full-time employees over 10 years.
S. 848S. 847
This bill would eliminate the current seven-year window that allows a
veteran to claim service connectedness for multiple sclerosis (MS) and extend that
service connectedness window indefinitely. At this time, there is no known
cause of MS. PVA cannot support this proposed legislation that would increase
the presumptive period for MS beyond the current seven years as long as new
medical evidence has not been presented to substantiate this change. PVA
does, however, encourage this Committee and Congress to promote more research in
the area of multiple sclerosis and related neurological conditions. We are
aware that there may be higher rates of MS in certain groups of veterans
attributable to environmental or other factors, and VA should examine this as
they did for exposures for veterans of Southeast Asia.
There appears to be some diseases and illnesses, to include multiple
sclerosis, that have a higher reported incidence among the veteran population than
non-veterans, but there is no clear medical evidence to support a
service-connected condition at this time. AMVETS Service Officers have unofficially
reported a higher percentage of multiple sclerosis diagnosis among Air Force
veterans than any other group of veterans for claims that they process. The
Secretary of Veterans Affairs has the authority to review certain illness and
diseases for certain groups of veterans and make recommendations based on the
findings. Despite this authority, it is a long and time-consuming process. In
the past, Congress has mandated the presumption of certain conditions and
AMVETS supports these efforts where applicable.
S. 847, a bill would extend the period of time during which a veteran’s
multiple sclerosis is to be considered to have been incurred in, or aggravated
by, military service during a period of war
VFW supports S. 847. Multiple Sclerosis (MS) is an idiopathic inflammatory
disease of the central nervous system with subtle symptoms at onset and periods
of remission. It is often very difficult to diagnosis. Consequently, many
individuals may not seek medical care until months or years after the initial
symptoms appear, as many of the symptoms come and go and often are not related
to each other. Because the course of the disease is variable and uncertain,
it may take years for a doctor to recognize the symptoms as those of MS. By
allowing for an open extension of presumption of service, you will be
including those veterans who may not have been correctly diagnosed with this
debilitating disease before time under the law has run out.
S. 847
This legislation would remove the time limit during which multiple sclerosis
is to be considered to have been incurred in, or aggravated by, military
service.
Normally, to establish eligibility for service connected benefits, a veteran
must provide evidence of a correlation between military service and the
condition being claimed. Under presumption of service connection, VA presumes
the service connected relationship exists based on the other qualifying
criteria, such as statistical information indicating a higher than normal affliction
rate among veterans. Multiple sclerosis is one of the insidious conditions
that may appear years after a veteran leaves active duty. This bill
recognizes that manifestation of multiple sclerosis may occur beyond the current
seven year presumptive period. S. 847 would ensure that no veteran who contracts
multiple sclerosis as a result of service is left without benefits,
regardless of when the disease becomes manifest. The DAV supports this bill.
S. 847, “to extend the period of time during which a veteran’s multiple
sclerosis is to be considered to have been incurred in, or aggravated by,
military service during a period of war”
This bill would eliminate the current seven-year period after service in
which a wartime veteran must develop multiple sclerosis, in order for it to be
presumptively service-connected, and extend it indefinitely so such a veteran
would qualify for service-connection on a presumptive basis if the disease
developed anytime after the veteran’s separation from the military.
Multiple sclerosis is an autoimmune disease, the cause of which is unknown,
affecting the central nervous system. The American Legion fully supports
this legislation. Given the nature of this terrible disease, elimination of a
delimiting period for the establishment of presumptive disability benefits is
certainly warranted.
_http://veterans.senate.gov/index.cfm?FuseAction=Hearings.CurrentHearings&rID=
1014_
(http://veterans.senate.gov/index.cfm?FuseAction=Hearings.CurrentHearings&rID=1014)
Check that same site for live video from hearing on now!
Denise
_DSNurse@aol.com_ (mailto:DSNurse@aol.com)
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