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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
shann
My question I guess is there anybody else out there that knows about this and have you filed a claim for it. I had shoulder problems about my third year in the Air Force. I went to the base clinic and complained about my shoulder. It did not hurt all the time but I was weak and fatigued not to mention constipated but they never made a relationship to my heart even though my heart rate at times when I was complaining was down to 52, 56 beats a minute. I got out and went to the VA hospital in fort lyons colorado and they showed on the ecg or ekg that I had sinus bradycardia. They never did an ecg on me in the service even when I got discharged or this would of showed. I seperated from active duty in January of 1993. I started going to school at KU lawrence ks in the fall of 93 and joined a reserve unit at Richard-Gebaur AFB MO. In the spring I went back to western kansas cause I wasnt feeling good and wanted to be closer to family after being in the AF for five years. I seperated from the reserve unit in dec of 93. I went to school at a juco in Garden city ks and my feet swelled up huge and hurt. I went to the va at fort lyons and thats where they diagnosed me with gout and also the sinus bradycardia. I am filing a claim on both. I currently get treatment at the kcva. I have a blood test when on active duty showing high uric acid level. I also have copies of records showing my heart rate being low. My status right now is DRO appeal on heart, shoulder and ear infections. Initial claim on gout started Feb of 2007. Heart started in Feb of 2006. I filed an initial claim when I first got to the va at the DAV office and was rated 0% in 1994. That was for deviated septum I had it operated on while in the service. I have had it operated on since then. I had never thought to appeal their decision since that time but as I have gotten older and developed problems I am scared that i will one time reach a point where I wont be able to care for myself financially. I have had several bouts where my legs and knees have swollen up on me and I have struggled through them. I have no other medical care right now but the va. They say I have gout but a couple of years ago the rheumatologist said it wasnt and might be rheumotoid arthritis. At that time both my knees were swollen up three or four times there size right now. They had me on alpurinol I think but with that my legs hurt bad and they were putting me on steroids at times but that is no good. I have gone to the health food store and when my feet, ankles, or knees start to hurt or swell I take some joint medicane and heart medicane not medicane but health food supplements from the health food store and msm gloucosamene. This has helped me. I still have the problem but this is my way to keep it under control. The heart is another story I went for a physical in 2003 for an environmental job we had to wear a gas mask. They took a ecg and said I had a heart attack. I thought they were full of something and anyway I ended up going to the VA. They confirmed that I had Cardiomyopathy, mitral valve regurgitation and sinus bradycardia. They sent me to KU Medical center and did a cardiac MRI. I guess my question is do I have a chance of winning my claim?
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