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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
P R E S S R E L E A S E - Thursday May 24, 2007
House Veterans’ Affairs Committee Holds VA Disability Claims Roundtable
Roundtable Discussion Addresses the Crisis of the Claims Backlog
Washington, D.C. – – On Wednesday, with both Democratic and Republican Members of the House Veterans’ Affairs Committee in attendance, Chairman Bob Filner (D-CA), led a roundtable discussion to address new and unique ways of reducing the claims backlog at the Department of Veterans Affairs (VA). “This roundtable is intended to open up the broader thought process of how the VA can best serve our veterans,” said Chairman Filner. “Participants were asked to bring all proposals and ideas to the table to reduce the claims backlog. As a group, we were able to identify specific problems with the process that contribute to the backlog and discuss many creative and thoughtful solutions.”
Participants in the Disability Claims Roundtable included: The Honorable Daniel L. Cooper and Ronald R. Aument, U.S. Department of Veterans Affairs, Dan Bertoni, U.S. Government Accountability Office, Sidath Panangala, Christine Scott, and Douglas Weimer, Congressional Research Service, Marilyn Park, American Federation of Government Employees, Christine Cote and Margaret Bartley, National Veterans Legal Services Program, Sergeant Todd Bowers, Iraq & Afghanistan Veterans of America, Doug LeValley, National Association of County Veterans Service Officers, Doug Vollmer, Paralyzed Veterans of America, Linda Bilmes, John F. Kennedy School of Government, Thomas Reed, University of Widener, Veterans Assistance Program, Rick Weidman, Vietnam Veterans of America, David Sevier, Commission on the Future for America’s Veterans, and Brian Lawrence of Disabled American Veterans.
Participants noted the need to retain and recruit employees to the VA and the need to upgrade to an electronic records system for submitting claims. Ideas for reducing the claims backlog included increased training for veterans service organizations, standardized training for the VA’s veterans service representatives, giving the veteran the benefit of the doubt during the claims process, guaranteed stipends after a specified wait time, increased outreach among returning veterans and streamlining the disability systems to a four-step rating system.
The Chairman noted legislation to be considered on the House Floor later in the day that tackled some of the problems raised during the roundtable. H.R. 612 would extend the period of eligibility for health care for combat service in current or future hostilities from two years to five years after discharge or release. H.R. 67 improves the outreach activities of the Department of Veterans Affairs to returning servicemembers and current veterans.
“It is clear that the VA has a problem with processing disability claims and we need to take bold action to swiftly compensate and care for any disabilities resulting from military service,” said Chairman Filner. “Today’s roundtable brought together experts with a range of different experiences to identify the specific issues facing our veterans. This forum is intended to bring about productive problem solving tactics and I am pleased that Members of both parties were able to participate. In the next few months, we will consider bold legislation to radically change the way the VA provides benefits to veterans.”
-Spike-
Vet Advocate
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