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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
allan
fwd:
DoD) Deceptions and (DVA) Enforcement
Hi to all,
Below is another media release on generic and a particular case involving one
of our Korean DMZ Toxic Chemical Veterans.
The Department of Defense (DoD) Deceptions and
Department of Veterans Affairs (DVA) Enforcement of Those Deceptions
_http://www.2ndbattalion94thartillery.com/C...reanDMZVets.htm_
(http://www.2ndbattalion94thartillery.com/Chas/KoreanDMZVets.htm)
Again, I would like for those that have contacts in the media and any
political contacts to send this media release forward as you have done in the past.
Not to reprint it is too long but just get the information out.
I would think those scientists involved in this toxic chemical issue might
also jump in but that is too much to ask as I will discuss later. It is obvious
this one specific case I am referring to needs attention ASAP.
Then VAC in the House and Senate would rather talk about other issues that
while good in some venues are not really discussing the real issues, such as
this one. Rather than government created disability and death issues going
uncompensated a constant pat on the back of those in VA power seems more in order.
This case and these generic issues is why I get so angry at our congress and
those in VA compensations in DC for not doing anything regarding this
disgusting and I would conclude unchallenged criminal behavior.
Thanks folks for following through on this. We need to get this case
resolved ASAP as well as many other cases that incompetent and less than
knowledgeable VA rating officers are deciding on behalf of the White House with no
mandated Benefit of the Doubt consideration for the Veteran or his/her family.
In the news lately is the brain damage done by Saran Gas during Gulf War.
While that is being portrayed as, an accidental issue related to war.
Thu, 17 May 2007 ----“WASHINGTON (Reuters) - Scientists have found evidence
that the kind of low-level exposure to sarin gas experienced by more than
100,000 U.S. troops in the first Gulf war can cause "lasting brain deficits," The
New York Times reported on Wednesday.
While the results are preliminary, scientists working with the U.S.
Department of Defense said they found apparent changes in the brain's connective tissue
-- known as white matter -- in soldiers exposed to the gas.”
Did you know?
From my book:
”The report notes the department limited its investigation of specific
exposures to identifying former military personnel that could be eligible for
medical services from the Department of Veterans Affairs, said the GAO. Finally,
the GAO said, the Pentagon did not pursue all possible sources of information
during its investigation.
Between 1962 and 1974, the defense department conducted a classified chemical
and biological warfare test program, named Project 112, which exposed service
members and civilians to chemical or biological agents. The Pentagon has
said the tests included spraying of chemical and biological stimulants and
release of the deadly saran and VX gases.
“The ocean-going tests, known as Project Shipboard Hazard and Defense (SHAD),
were "to identify U.S. warships' vulnerabilities to attacks with chemical or
biological warfare agents," said Pentagon officials. The land-based tests,
said officials, were aimed at learning "more about how chemical or biological
agents behave under a variety of climatic, environmental and use conditions."
“The Desert Test Center, based at Fort Douglas, Utah, conducted the tests.
“In October 2001, after seven years of inquiries from veterans, Congress and
the Department of Veterans Affairs, the Pentagon finally confirmed that
thousands of sailors were present during a decade-long series of classified tests to
determine the vulnerability of U.S. warships to attack by chemical and
biological warfare. With more urging from veterans and their advocates, still other
ocean- and land-based tests around the world were identified.”
This was no accident! This was no different than Germany Circa 1939.
More evidence that our Presidents, the Defense Secretaries, Veterans Affairs,
and some members of Congress knew this was going on from 1962 to 1974 to our
finest citizens and none of them did anything. Even when inquiries were made,
denials were made for almost four decades. Lies and more lies made
acceptable by the Feres Doctrine that allows the DoD to lie and not only keep service
connection for medical care at bay but keep life and death information from our
Veterans and their families.
If you have not done so please sign the new 2008 petition to either get rid
of this black mark on our nation’s history or at least revise it to where those
that harm others through their actions or lack of actions, whether they are
directed by our own government or not - will be charged with liability.
http://www.ipetitions.com/petition/VERPA2008/index.html
Accountability and Justice!
Kelley
Edited by allanLink to comment
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