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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
71M10
Greetings all:
This is in relation to a claim for increase for what I was told in 1988 was a "bone condition".
Filed for increase on 12/29/06 after initially trying to get into VA health system to have physical therapy for my back. They kept indicating I needed a needs test since I was 0% SC and currently I do have a decent job but High co-pays for PT :-(. And as I looked into the ratings schedule (should have years ago) I noticed that I was easily (yeah sure) SC to 20% for arthritis (on my X-rays) if you believe that if they broke it they buy it.
Received a reminder about the C&P exam I was scheduled for about 5 days before (first communication about it). Went to the exam felt good about it (2/26/07). 3/16/07 mailed in my private physicians records, Physical Therapy records, x-ray reports, and the records release they sent me, and my VCAA notice with the box checked no for waiting for more records (I just sent it all). I also asked for a copy of my current C&P exam and my complete C-file from 1988. 7 days later Battle Creek sent me a copy of my exam. I think the Doc did good by me. 25 days later Detroit sent my original rating and exam record. When they did my C&P the Doc didn't have the C-file or the C&P from 88, but the diagnosis is the same Thoracic strain and degenerative arthritis. My ROM forward (flexion) was 25 with pain and reduction on repetition, She indicated ankylosis (not complete) with segment fixed in Flexion, Dyspnea, ED, Urinary frequency, and nerve root stretching. My head posture was noted as forward due to kyphoscoliosis. I have noted numbness on the right foot at the toes, reduced reflexes for all my lower limbs, she noted my occasional falls and the daily effects on normal activities I reported to her. I think this bodes well for getting a rating so I can get in the system for some Physical therapy (but I think im worse off physically than I thought I was). I Called a couple of weeks later to see if they had received the records, which they couldn't verify, after two weeks of this I did and IRIS inquiry and was told they had the records. So I called a couple of times after that to see if it was in ratings and was told it was waiting to be pulled. Then May 14th I called and was told that they were waiting for medical records. I indicated I sent them and they verified receipt. VA employee indicated VA still had to request them from the provider even though I sent them in. So I asked when they requested them (id check with Dr.'s office on getting them sent). Employee said VA hadn't requested them yet and she couldn't tell me when they would be able to get a letter sent out requesting them. I did an IRIS inquiry, and request through Senator’s office. IRIS inquiry went no where, they said they had the records and that there was a backlog. Senator sent a letter saying they were looking into it. Called today person looking on the system said a senior staff member had pulled my file yesterday, put me on hold and I ended up talking with the senior staffer. He told me they were looking into my claim at the request of the senator’s office. He indicated he could see that I sent in medical records and a records release form and said they still had to request the records. I told him the VCAA form I sent said don’t wait for records, and I only sent the release form back since their letter to me said they needed it and not receiving it would seriously impact my claim. I also pointed out they have had it for over 60 days and still hadn't sent a request for those records, long pause and he said I see your point. He indicated he would have the record sent to rating unless there is some other reason it wasn't ready. I asked about how long it would take to rate and he said from 2-4 weeks. Then about another 2 weeks after that for post determination. Here are my remaining questions:
Do you think im getting strung along or is this guy giving it to me straight?
Some opinions on what my rating might be(i know hard without complete details)?
My original C&P had arthritis on the x-ray, but the physician gave me full range of motion without using a Goniometer and no xrays were made of the adjacent segements that now clearly show the same level or grater arthritic activity than the original segement, is this CUEable for the 10% rating ror X-ray evidence?
Can I ask for secondary SC on cervical segment due to altered body mechanics on a NOD?
Will I have to go back for additional C&P's for nerves and breathing or will they rate off what they have?
Sorry lots of questions but interesting in hearing your opinions.
Best regards,
Tyler
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