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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
spike
This article was taken from Vawatchdog.com. Whats your take on whats going on here...Wow. Here is proof that denials have increased!
Chief judge warns of backlog of disability appeals, delays in federal veterans court
By Associated Press
WASHINGTON - A special federal court that hears veterans’ disability appeals is facing its highest caseload ever as the government increasingly turns down benefits for war veterans, its chief judge said Tuesday.
Judge William P. Greene Jr., who presides over the U.S. Court of Appeals for Veterans Claims, warned of a strained court that has had to recall five retired judges in recent months to assist with growing backlogs of veterans unhappy with the level of disability benefits assigned to them by the Department of Veterans Affairs.
The seven-judge court is now averaging 300 appeals per month, which don’t include veterans returning from Iraq and Afghanistan because many of the cases haven’t reached the appeals level yet. If the court is to keep up, it will need more staff and building space, Greene told a House Veterans Affairs subcommittee.
"Our present space is or will be inadequate for the type of caseload we are now experiencing," he said. "Adequate space is crucial if we are to make efficient use of recalled judges and any future full-time active judges."
Greene’s comments come as a slew of congressional panels are studying ways to improve veterans care, including reducing backlogs of veterans seeking disability benefits. In a study earlier this year, Harvard professor Linda Bilmes said it took up to 177 days for the VA to process an initial claim and then an average of 657 days to process an appeal, resulting in significant hardship to veterans.
In the first half of the current fiscal year, the veterans court was among the busiest of the federal appeals courts. It saw 2,542 new appeals filed in six months, the highest ever, compared to 3,729 for all of the previous fiscal year.
Those numbers continued a sharp increase in appeals filed beginning in fiscal year 2005 as denial of benefits by the VA’s Board of Veterans Appeals jumped from 9,299 in 2004 to 13,033 in 2005. Last year, total denials reached 18,107, according to the court.
On Tuesday, Greene said the court is making efforts to reduce delays by regularly recalling retired judges, and working to implement an electronic case filing system to reduce paperwork.
It also is considering whether in some clear-cut cases it should make rulings without attaching an explanation.
But that won’t likely be enough, Greene said. He predicted many more appeals in the coming months and years, citing the complexity of cases of veterans returning from Iraq and Afghanistan with signs of post-traumatic stress disorder who may be denied benefits if the symptoms aren’t readily clear.
Brian Lawrence, a legislative director for the Disabled American Veterans group, criticized what he called the court’s overly deferential review of VA decisions on veterans’ claims, which he said added to delays.
Some two-thirds of the VA’s initial decisions are typically found to be in error by the court, but rather than overturning the decision and ordering payment of benefits, the court usually sends the appeal back to the VA to take a second look, Lawrence said.
Only in limited cases, after a ruling is deemed final, can a veteran appeal a ruling of the veterans court to the U.S. Court of Appeals for the Federal Circuit or the Supreme Court.
"Such a remand leaves unresolved the errors allegedly committed by the board, reopens the appeal to unnecessary development and further delay and further overburdens a system straining to meet growing backlogs," Lawrence told the House subcommittee.
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On the Net:
U.S. Court of Appeals for Veterans Claims:
http://www.vetapp.uscourts.gov/
-Spike-
Vet Advocate
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