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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
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.
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Lemuel, -
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Question
Guest jangrin
Went to Waco RO today to see the C-file. Got there at 1:30 and parked in the visitors parking area right by the door. All the visitors spots were empty. Walked into the building through the metal detector and past the two guards (after we emptied our pockets). After we came inside we were asked where we wanted to go or do and we were given directions on where we needed to go.
We walked into a rather nice reception area, clean and comfortable with many VA brochures on the wall. The gentleman receptionist asked for my husband's VA identification and registered him in. He then called another worker a very nice lady and explained we wanted to see the C-file. She asked us to have a seat and she would be right back with the file.The was only one other person in the waiting room with us. The place was quite empty of veterans.
She came back in about 5 or 6 minutes and produced a 3-4 inch thick file in a special type folder with a rubber band around it. She took us to a private room. She said it looks like you just got your award and asked what we would like to see. We told her and she looked up everything we asked about up. She did not let us peruse through the file ourselves, but she did say we were entitled to have a copy made and she would fill out the form for us. We asked to see the SMR's, they were in the back of the folder in a sepcial envelope for protection as they are quite old now. SHe said with a smile, "these seem a little thin, not very much here".
They had a discharge exam but no entrance exam?? They had DD-214 but no service awards or medals that we have paperwork on. There are more records somewhere we just don't know where. We have some things they don't have and they have some things we don't have. We will look into this more when the official copies come.
By far and away a very plesant experience and the people were very nice. They are not really wanting to sit there while you look for things, make a list before you go and ask for a copy of the entire file.
Also they gave us a pamphlet that was printed in March of 2007, for Texas veterans and dependents for The Hazlewood Act. This is educational benefits for FREE TUITION and FEES (does not cover books) FOR PUBLIC SCHOOLS IN TEXAS. For you TEXANS the number is 1-800-242-3062 ext.6456 for information.
All in all a productive day.
Jangrin
Edited by jangrinLink to comment
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