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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”-
- 0 replies
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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
Picked By
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
Berta
In January the criteria for CRSC -Combat Related Special Compensation changed:
Jerry O raised a question on this and I feel the whole shibang needs to be posted here again:
from: http://www.military.com/benefits/military-...-compensation#2
Also Mil.com has an active CRDP CRSC forum to explain these programs.
Benefits Home > > Combat-Related Special CompensationCombat-Related Special Compensation
Simply put Combat-Related Special Compensation (CRSC) provides military retirees a monthly compensation that replaces their VA disability offset. This means that qualified military retirees with 20 or more years of service that have "combat related" VA-rated disability will no longer have their military retirement pay reduced by the amount of their VA disability compensation. Instead they will receive both their full military retirement pay and their VA disability compensation. The following is a summary of Combat-Related Special Compensation:
Expanded CRSC Coverage
Combat-Related Special Compensation Eligibility
The Value of the CRSC Benefit
The Application Process
Expanded CRSC Coverage
The 2004 National Defense Authorization Act, Combat Related Special Compensation was expanded to include disabilities incurred as a direct result of:
Armed Conflict
Hazardous Duty
Conditions Simulating War
An Instrumentality of War
Unlike concurrent receipt, CRSC will not be phased in over ten years. Once a military retiree has been determined to be qualified they will receive their regular retirement pay plus an additional sum based on their VA disability rating.
Note: CRSC is relatively new legislation, and was recently revised. Many of the policies and procedures are left to the discretion of the parent military branch, and are subject to change in the coming months.
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Combat-Related Special Compensation Eligibility
With the inception of the CRSC program on June 1, 2003, the following eligibility requirements were established:
Retirees had to apply to their respective branch of service to be approved for CRSC.
Retirees had to be in receipt of VA compensation.
Retirees had to be in receipt of military retired pay or be in a suspended pay status due to receipt of VA compensation.
Retirees had to have an approved combat-related VA disability rating of 60% or greater.
Retirees having an approved combat-related disability associated with a Purple Heart had to have a rating of 10% or greater.
Retirees had to have 20 years of active service or, for reservists, 7,200 reserve points in order to be eligible.
Effective January 1, 2004, CRSC eligibility was extended to retirees with combat-related VA disability ratings between 10% and 50%.
Additionally, reservists needed only 20 years of qualifying service (supported by documentation from the applicable branch of service such as a 20-year letter, retirement orders or a statement of service) in order to be eligible.
Please note that qualified reservists will not receive CRSC until they begin to receive retired pay at age 60.
Temporary Early Retirement Authorization (TERA) retirees are not eligible to receive CRSC unless they have returned to active duty and accumulated enough service time to meet the 20-year requirement before retiring for the second time.
Click here for the exact wording of this new law.
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The Value of the CRSC Benefit:
The following table shows a sampling of how much extra you may get each month based on your VA disability rating.
Combat related VA Disability Rating Monthly CRSC
100% $2,393
90% $1,436
80% $1,277
70% $1,099
60% $873
50% $690
40% $485
30% $337
20% $218
10% $112
Back to Top
The CRSC Application Process:
To receive Combat Related Special Compensation you must submit your application (DD form 2860), through your parent military service branch. Each service branch has the authority to determine your eligibility.
For more information on how to apply contact your parent military service branch:
ARMY:
Department of the Army
U.S. Army Physical Disability Agency
Combat-Related Special Compensation (CRSC)
200 Stovall Street
Alexandria, Virginia 22332-0470
Toll-free: (866) 281-3254
Hours: 8am - 8pm EST
E-mail your questions to:
CRSC.info@us.army.mil
Or visit: http://www.crsc.army.mil
NAVY AND MARINE CORPS:
Department of Navy Naval Council of Personnel Boards
Combat-Related Special Compensation Branch
720 Kennon Street S.E., Suite 309
Washington Navy Yard, DC 20374-5023
(Toll free 1-877-366-2772)
AIR FORCE:
United States Air Force Personnel Center
Disability Division (CRSC)
550 C Street West, Suite 6
Randolph AFB, TX 78150-4708
(Toll Free 1-866-229-7074)
COAST GUARD:
Commanding Officer (RAS)
U. S. Coast Guard Personnel Service Center
444 SE Quincy St.
Topeka, KS 66683-3591
(toll-free at 1-800-772-8724)
Click here for Frequently Asked Questions about the new Concurrent Receipt and Combat Related Special Compensation (CRSC) laws.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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In January the criteria for CRSC -Combat Related Special Compensation changed: Jerry O raised a question on this and I feel the whole shibang needs to be posted here again: from: http://www.mil
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