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Gao-07-906r Gao Findings And Recommendations Regarding Dod And Va Disability
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allan,
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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
Full report at:
<http://www.gao.gov/cgi-bin/getrpt?GAO-07-906R>
http://www.gao.gov/cgi-bin/getrpt?GAO-07-906R
<http://searching.gao.gov/cs.html?charset=iso-8859-1&url=http%3A//www.gao.go
v/new.items/d07906r.pdf&qt=GAO-07-906R&col=audprod+lglview&n=1&la=en>
GAO-07-906R GAO Findings and Recommendations Regarding DOD and VA Disability
Systems
Page 1 GAO-07-906R Military and VA Disability Systems United States
Government Accountability Office Washington, DC 20548 May 25, 2007 The
Honorable Bob Dole The Honorable Donna Shalala Co-Chairs President's ...
http://www.gao.gov/new.items/d07906r.pdf - GAO Reports
Background: As of April 2007, about 26,000 service members had been injured
as part of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom
(OEF), according to the Department of Defense (DOD). Those service members
injured in the line of duty are eligible for military disability
compensation. When they leave the military, they may also be eligible for
compensation from the Department of Veterans Affairs (VA). In fiscal year
2005 alone, the Army, Navy, and Air Force evaluated over 23,000 military
disability retirement cases and, in fiscal year 2004, over $1 billion in
permanent and temporary military disability retirement benefits were paid to
over 90,000 service members. Through the VA ...
Topics: Veterans
<http://searching.gao.gov/query.html?qm=1&charset=iso-8859-1&col=audprod+lgl
view&bmo=0&bdy=1&byr=0&amo=0&ady=1&ayr=2007&qt=GAO-07-906R&ct=935918236>
Affairs
PDF <http://www.gao.gov/new.items/d07906r.pdf> ( 299.6KB) |
<http://www.gao.gov/docdblite/summary.php?rptno=GAO-07-906R&accno=A69952>
Abstract
Report Abstract
GAO Findings and Recommendations Regarding DOD and VA Disability Systems
GAO-07-906R <http://www.gao.gov/new.items/d07906r.pdf> May 25, 2007
PDF <http://www.gao.gov/new.items/d07906r.pdf>
As of April 2007, about 26,000 service members had been injured as part of
Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF),
according to the Department of Defense (DOD). Those service members injured
in the line of duty are eligible for military disability compensation. When
they leave the military, they may also be eligible for compensation from the
Department of Veterans Affairs (VA). In fiscal year 2005 alone, the Army,
Navy, and Air Force evaluated over 23,000 military disability retirement
cases and, in fiscal year 2004, over $1 billion in permanent and temporary
military disability retirement benefits were paid to over 90,000 service
members. Through the VA disability compensation and pension claims programs,
about $34.5 billion in VA cash disability benefits went to more than 3.5
million veterans and their survivors in fiscal year 2006. On April 23, 2007,
we briefed the Commission on the results of our recent studies of DOD and VA
disability systems. This report presents the information we provided during
that briefing.
In our 2006 report on the DOD military disability retirement system, we
found the services were not achieving the DOD timeliness goals for
processing disability cases and DOD was not monitoring achievement of these
goals. Our analysis of Army data on military disability benefit decisions
also suggests that outcomes for active duty and reserve component members of
the military may not be consistent. More specifically, Army reservists
judged unfit for duty were somewhat less likely to receive either permanent
disability retirement or a lump sum disability payment than their active
duty counterparts, although we were unable to take into account all factors
that might have legitimately explained this difference. Despite the
potential for inconsistent disability decisions within and across the
services, neither DOD nor the services systematically evaluated the
consistency of these decisions or compiled the data on the characteristics
of service members needed to do so. Finally, we found that training for MEB
and PEB disability evaluation staff designed to produce timely and
consistent decisions was lacking. In recent years we have completed several
reviews on various aspects of VA disability compensation that have led to a
number of recommendations for improvements in the system. With regard to
claims processing between fiscal years 2003 and 2006, the average number of
days these claims were pending increased by 16 days, to an average of 127
days. At the same time, appeals resolution remained a lengthy process. In
fiscal year 2006, it took an average of 657 days to resolve appeals.
Moreover, the accuracy of VA compensation decisions was 88 percent in 2006,
well short of its goal of 98 percent. Decisions affecting eligibility for
military disability benefits and VA disability compensation have a
significant impact on the future of service members dedicated to serving
their country. Given the importance of these decisions and the complexity of
evaluation processes and rules governing eligibility for these benefits, it
is essential that DOD and VA take the necessary steps to ensure that
decisions in these cases are accurate, consistent, and timely.
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