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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
Berta
The Nation's #1 Independent Veterans Web Site
Click here to make VA Watchdog dot Org your homepage
VA NEWS FLASH from Larry Scott at VA Watchdog dot Org -- 05-17-2007 #1
(From
http://vawatchdog.org/07/nf07/nfMAY07/nf051707-1.htm)
UPDATE: VA SAYS IT NEVER MADE QUALITY-OF-CARE
CLAIMS, BUT IT DID -- Responds to McClatchy newspaper
story about exaggerated healthcare achievements.
VA Secretary Jim Nicholson
Background on this story here...
http://vawatchdog.org/07/nf07/nfMAY07/nf051107-4.htm
Today's story refers to a memo sent to veterans' service organizations by the VA. I think "Talking Points" is a better title. It is interesting reading, and VA Watchdog has a copy. The document is in PDF format and is 32.4kb in size. To see the VA's official response, such as it is... click here...
Story here... http://www.miamiherald.com/
416/story/107949.html
Story below:
---------------
VA says it never made healthcare claim
BY CHRIS ADAMS
cadams@MiamiHerald.com
WASHINGTON -- "The Department of Veterans Affairs says it needs to be more careful in public comments about the superiority of its healthcare system, but it insists that it never made a quality-of-care claim that its top leader has made repeatedly.
Reacting to a McClatchy Newspapers story about exaggerations by its top officials, the VA sent veterans organizations a four-page memo on Friday responding to the story. McClatchy obtained a copy of the memo from a veterans group.
McClatchy ''makes a valid case that we need to be more careful with our numbers and our public statements,'' the memo said.
On one key point -- the VA's erroneous reporting of customer satisfaction surveys -- the department said it ``did not realize the error until [McClatchy] pointed it out. . . . We appreciate this being called to our attention. There was no intention to deliberately mislead anyone.''
Beyond that, the VA sought to minimize the issues raised by McClatchy, which last week detailed officials' exaggerations about the system's access, satisfaction and quality in speeches or in statements to Congress.
The VA insisted that it never made one of the claims that McClatchy highlighted.
That claim deals with an important study by the RAND Corp. While the study showed that VA patients are more likely than non-VA patients to receive necessary tests, agency officials inflated those results, saying they showed that the VA has the best healthcare system in the nation. Since it only compared VA patients to non-VA patients, the study doesn't support that claim.
In its memo, the VA said, ``VA has never claimed that the study showed that we performed better than any other healthcare system in the nation.''
But comments pulled from VA and congressional Web sites indicate otherwise:
• VA Secretary James Nicholson, in a June 6, 2005, speech: ``Last December, a RAND report published in the Annals of Internal Medicine ranked the overall quality of VA medical care as significantly higher than any other healthcare system in this country.''
• Nicholson, Feb. 8, 2006, before Congress: ``A RAND report ranked VA performance on 294 measures of quality as significantly higher than any other healthcare system in America.''
• Nicholson, April 21, 2005, speech: ``Last December, a RAND report published in the Annals of Internal Medicine ranked the overall quality of VA medical care as significantly higher than any other healthcare system in this country.''
The VA had no comment on the issue.
The VA operates a network of more than 150 hospitals and about 900 clinics nationwide. Since the wars in Iraq and Afghanistan, the department's medical system has been under pressure to cope with thousands of returning veterans.
The system treats more than 5 million people each year."
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GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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