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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
allan
The Constitutional Guarantee Illusion
http://www.2ndbattalion94thartillery.com/Chas/Illusions.htm
Media Release
May 17, 2007
Every segment of our society has a constitutional guarantee of the right to an attorney of law in a “fair and just” legal system. Whether it is the rapist, pedophile, murderer, serial killer, terrorist, and even the enemy combatant on the battlefield, all have legal rights under our nation's laws.
Within this guaranteed and just legal system, it matters not if one is Jewish, Muslim, Catholic, or Protestant or derivatives of all of them. This guarantee applies to all citizens/residents, even the ones that are illegal.
There is an underground legal system for those in our nation that has been set aside by our Congress and adopted philosophy of White House after White House. A hidden legal system that can ignore court mandates and/or mandamus actions. It is a stealthy legal system that creates its own laws, rules and weights of evidence, and one man appointed by a President, the Secretary of Veterans Affairs, can override the most insightful and valid scientific and statistical findings used to decide legal cases of government-created death and disability in favor of the government. One appointee by a President, the Secretary of Defense can legally approve biological chemical warfare (BCW) testing of this segment of society with no ramifications for his actions. Actions that are then denied as long as "plausible denial" can be achieved. Definitions within this legal system are used with a distinct and defined Government conflict of interest.
One can imagine the media outrage if it was found that BCW was being used on prisoners at the Guatomino Bay prison in Cuba.
If this was to happen to any of the above, no matter how criminal or insidious the act, some of our media and even some politicians would be appalled, at least on the façade.
For the singled out segment of society, there is no outcry by anyone except for the cries of those in the ranks and the cries of widows of the fallen for the unjust treatment.
What is that one segment of society with this “guaranteed illusion” that cannot use professional legal counsel until they are told they are allowed after years and even decades of stalling by the Department of Veterans Affairs and its power given by a White House and Congress?
What segment of society has this nation set aside for this despicable legal treatment and in many cases inhumane behavior?
It is The United States Military Veteran and His/Her Family.
The Congress, media, and our nation at large continually remain silent.
Charles Kelley
Vietnam DMZ 67-68
Veteran
Author of "Vietnam's Rain Agents Orange, White, and Blue
(Weapons of Mass Destruction)"
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