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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
free_spirit_etc
I have an appointment to see my husband's c-file this month (july 27) at the Chicago Regional Office.
Yippie! At least I will be able to LOOK at his discharge physical - and hopefully request a copy of it.
(We have been requesting his c-file for over a year - and sent in specific "limited requests" for his discharge physical --as some info suggests that a limited request can be expediated --but that apparently wasn't the case).
I know several people have posted very positive experiences in viewing the c-file - and the VA advising them on what else they needed to send to make the case (specifically).
I also read jangrin's posts about how she wasn't allowed to touch the c-file - but the VA person showed them everything they asked to see.
Yikes! This one concerned me. When my husband was in the hospital - I asked to see his records - and that was the experience. The nurse sitting there saying "What do you want to know?" and then looking at it - and reading it TO me - and sometimes hesitantly letting ME read the page myself.
Recently I went back to view his record - and they let me look through it myself in their presence and take notes. THAT is what I prefer.
How in the heck do I know what specifically I need to see - until I have seen it?
Anyway - if that is the case - I know I want to see his discharge physical, their request for the medical opinion from the doctor on the cancer (to see what they specifically asked the doctor to opine about) any records of them closing the claim. --and I will think of more).
I also intend to ask for copies of a few of the documents when I am there.
On one post (about getting copies of the c-file) I noticed Berta had said:
" The C file comes from a request to the VARO and the medical record copy comes from a request to the FOIA or Records access officer at the VAMC that treats the veteran."
So - my question is - Are his medical records going to be IN the C-file?
Do I have to make a specific request to view his medical records?
And --I have requested a copy of his C-file. Do I also need to request a copy of his medical records?
I am thinking that if I get the info I need right now from VIEWING his c-file - and some limited copies - I might actually withdraw my request for the whole c-file, and then ask for a copy if the claim gets denied (to help with my appeal).
But then again, since it takes over 6 months to get it - I better get what I can now -- since appeals have to be filed in a certain amount of time.
Anyway -- If anyone would like to share their experience of viewing the c-file, or any suggestions for making the visit as productive as possible - it would sure help.
I am driving a 10 hour round trip to do this.
Thanks
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