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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
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
hollywoodnc
WHY are you on Hadit.com? It's because you are either:
#1) DISGUSTED
#2) CONFUSED
#3) DEPRESSED
#4) ALL OF THE ABOVE
Well, welcome to the club!
I've been jerked around by this VA for so many years it's not funny! I am TRULY at my wits end with these people. This isn't the way WE are supposed to be treated. This is utter BULLSHIT!
What I am up against is the fact that my claims folder is in Roanoke, Va. These people here MUST be brain dead! I'm involved with THREE different claims, and have answered to each one of them as they requested, and for some strange reason, they AREN'T reading my replies??? My POA is stumped also! I am thoroughly convinced, that, these people at this RO are suffering from Attention Deficit Disorder! Even after I asked them to transfer my claim, they are STILL in possession of it & are STILL addressing the same issues. This is UNBEF*CKINLIEVABLE!!! I'm starting to bring up "Court Order" threats to force this transfer! Being an EX-employee, my folder is in "Lock File", making it impossible to move it anywhere!
As some of you are aware, I used to work at the Winston Salem, NC RO. During my tenure there, I injured my knee while at work. Management made my time there extremely difficult, by means of lies, attempts to force me to quit, creation of a bad work record, controverting my Workman's Comp claim, & finally terminating my employment, while under a doctors care no less.
The "games" that these retards have played was unreal!!! All I wanted was medical treatment for my knee.
Everytime I addressed a concern regarding a claim folders condition, I was told not to be concerned with that, and to just "Tape It"!!? Yes, I wanted to treat YOUR FOLDER, like it was MY OWN! That's how I expect mine to be treated. Instead, I was chastized for caring.
Ironically. these are the same people , who clearly violated my civil rights, that use LAWS to decide on Veterans claims! That case, including a claim to have a lying regional counsel associate DISBARRED, is still pending in Federal District Court! I am a Pro Se plaintiff, and I'm determined to WIN!
Why I'm posting here tonight...
Several thoughts have crossed my mind, and I want to act upon it. What I'm referring to is a CLASS ACTION LAWSUIT against the Veterans Administration!
Not long ago, while surfing the web, I ran across an organization which had brought up the topic of LAWSUIT, and do not remember where or who it was. I should have acted on it that day.
I therefore, present the idea to you today, in this post.
We, and I believe I speak for the majority of you, are ALL in the same boat. The VA is in complete disarray...
*The Health care is substandard...
*The Process of resolving a claimants issue(s) are DISORGANIZED...
*RO's are overfilled to capacity, and are ready to burst at the seams (folders are EVERYWHERE)...
*Veterans files are ON TOP of file cabinets (I do have PICTURES)...
*Folders are falling apart, thus files fall out and are lost...
*Your valuable documentation is sometimes lost (attached or inserted in wrong folder)...
*Folders end up missing...
*Claims folders (in cabinets) are crammed in the drawer so tight, that destruction of folder and documentation occurs when pulled OR filed...
*A lot of Veterans issues are OVERLOOKED, (especially those that are complex), due to adjudicators being FORCED to resolve so many issues, in so much time. If they don't meet the QUOTA, they are reprimanded (this stupid procedure leads to missed issues. If they meet the QUOTA, they{THE TEAM} receives a CASH BONUS per quarter and/or year! The quota system should be ABOLISHED, and MORE PEOPLE HIRED to expedite backlog)...
*A growing majority of Adjudicators do NOT use COVERS to let others know where YOUR claims folder is located...
*Some hospitals aren't fit for pigs to live in...
*Clinics are slow to set appointments...
*Doctors are assigned to Vets, that do not specialize in a Veterans ailments, thus causing the Veteran is forced to wait 6 more months+ for a more specialized doctor (if you want to call them that)...
*C+P exams are anything BUT favorable for Veterans...
*YOUR ELECTED OFFICIALS are voting for the cut of YOUR benefits, all due to a FAILED ADMINISTRATIONS policies...
These are just a FEW examples...
NOW...THE BOTTOM LINE...
I am a WHISTLEBLOWER, and I have reported: Gross Waste of Funds, Gross Mismanagement, & Abuse of Authority, to the President of the United States, my Senator & Congressman!
My claim of whistleblowing is now defunked due to the inability to obtain counsel, & the confusion that Regional Counsel (opposition) presented.
I therefore, decided to persue this (evidence) in the EEOC case!
Anyway...
The VA is BROKE, DISORGANIZED & CORRUPT! This has been an ongoing problem for a while now. No matter how many of us complain, it DOES NOT IMPROVE. On the contrary, it IS worst!
So, where do we go from here? Congress, nor the Senate seems to give a rat's ass about the way this agency is in severe default. New appointees, PRETEND to care, but are only out to follow their budget.
So, what's left to do? My opinion??? An UPRISING is the only recourse that is left.
In the next few days/weeks, I'm going to obtain an address to receive mail. I don't think it would be a good idea to give my home address. A PO Box is more realistic for this.
WE, as Veterans, were promised assistance upon discharge from the Armed Forces. This crap that we are going through, will NOT be tolerated anymore.
I don't give a damn if you are Peacetime or Combat Veteran...a VETERAN IS A VETERAN...PERIOD!
Where I decide to have all this mail sent, my plan is, to announce it to the Media and PUBLICISE IT. In short, that's how the SH*TSTORM is going to be started. It doesn't stop there...that act is the WAKE UP call for other Veterans to address their concerns. That'll also alert the "Ambulance Chasers" to persue legal recourse.
Try calling an attorney on your own...you have a snowballs chance in hell of getting anywhere with these jackasses UNLESS you possess fistfulls of ca$h!
I'm not looking to bankrupt the VA. Just slap them back, like they have been slapping us.
ENOUGH, "IS" ENOUGH...I've "hadit"!
Just curious...Give me your input on this idea. Also spread the word to other Vet's!
Thanks!
Bruce M. McLaughlin
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