Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
.thumb.png.0b66d11060c658bf7aa45efe4372d3e7.png)
- 0
Announcements
-
Tell a friend
-
Recent Achievements
-
-
Our picks
-
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
Picked By
Tbird, -
-
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 rating
Picked By
yellowrose, -
-
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, -
-
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, -
-
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, -
-
Question
marielovesashley
Yes, Allan
Berta recommanded me this guy.
I was hunting a Attorney willing to be paid contingency basis in the civil but I am beginning to wonder if I should go with all the gov't stuff first because somebody told me this yesterday:
"You can file Your own 42 USC 1983 action for wrongful death, medical malpractice any whatever You know. You could file a fraud complaint with the GOA-General Accounting Office, try Your local senator-A gov't piece of shit & or go to the city/county district attorney or the US Attorney & ask for murder charges be filed, criminal negligence resulting in death, manslaughter.
You'd want to do this part 1st & whatever material discovered is used in Your civil rights suit"
What do you think?
I am adding this - this is not posted to ALLVETS:
By the way, I just avoided the street by the skin of the teeth not of my fault and as you know I'll get 610 $ per month. With all the crap I lived because Immigration was not supposed to separate us at the borders because I was married to Ashley - so we lost 19 precious months - and as soon as I entered in the U.S. I was separated definitively from him because he died 5 1/2 months after and all the crap I lived in the damn VA Hospital so I am totally exhausted, always out of breath. (so I can not go to work) I just avoided the street by very few but it is just postponed because of the 610 per month but maybe there is something I can do....
I heard there is Federal foundings other than food stamps and Social Security Assistance even a Legal Immigrant like me would be eligible. Do you know about that? SURELY TOO GOOD TO BE TRUE. If that would exist that would not only help me, that would help thousands of widows because 610 $ when you don't have a family to count on is just good to send you on the street.
Marie
--- In ALLVETSINC@yahoogroups.com, "Allan" <ba2499@...> wrote:
>
> Hello Marie,
> I would go with someone that is experienced with 1151 claims.
> Give this guy a try. He's one of the best.
> Allan
>
>
> Veterans Medical Advisor
> 1151 claims for VA Hospital mal-practice
> http://www.veteransmedadvisor.com/?gclid=C...CFSQzSgodSmKTPw
Link to comment
Share on other sites
Top Posters For This Question
14
7
4
1
Popular Days
Jun 27
6
Jun 15
5
Jun 16
3
Jun 26
3
Top Posters For This Question
marielovesashley 14 posts
Berta 7 posts
Pete53 4 posts
john999 1 post
Popular Days
Jun 27 2007
6 posts
Jun 15 2007
5 posts
Jun 16 2007
3 posts
Jun 26 2007
3 posts
25 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now