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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
free_spirit_etc
http://www.geocities.com/vfw9951/docs/AFNEWS.html
VA CLAIM BACKLOG UPDATE 06: The worst city in which to file a veterans’ benefits claim is Washington, where 63% of claims take longer than six months to resolve, according to a major veterans’ service organization. AMVETS, a 60-year-old group that helps veterans with about 24,000 claims a year, says a survey has shown veterans in Fargo, N.D.; Boise, Idaho; and Providence, R.I., have the fastest service, with only 6 to 7% of claims taking longer than six months to resolve. Washington may be the worst, but other major cities also are slow. AMVETS national service officer and Navy veteran Luz Rebollar said in Chicago, Detroit, Pittsburgh, New Orleans and Montgomery AL about 40% of the claims take longer than six months to process. One reason for the differences is that the number of people assigned to process claims in some VA regions does not match the claims caseloads in those areas. For example, VA workers in Hartford CT handle 92 cases a year, while workers in Augusta ME handle 57 cases a year.
The Bush administration has proposed hiring 450 additional claims processors to try to reduce the backlog, but AMVETS officials have warned that more people will not solve the problem and, unless the caseloads are more evenly spread, will not eliminate delays for some people. AMVETS is pushing the idea of allowing electronic claims filing and other efforts to use technology to help process claims. “The backlog issue is not going to go away until the federal government rolls up its sleeves and takes a serious look at expediting the resolution of claims,” Rebollar said. “Until that happens, young veterans just returning from service in Iraq and Afghanistan are going to continue to be frustrated with our government and with a system they believe is failing to fulfill the promises that were made to them when they entered the service.” To review the delay time in your city refer to www.navytimes.com/projects/pages/042007vastats. [source: NavyTimes Rick Maze article 20 Apr 07 ++]
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That kind of surprises me --NOT the backlog - but the case load. I actually thought the VA case loads would be much higher than that.
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