Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
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 ratingPicked 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
wallyg
...where the doctor was totally incompetent. He held the goniometer about a foot away from me, with both hands, while determing ROM. For those who don't know, the goniometer should be held against the patient with one hand, while the other hand stabilizes the opposing joint, to get a true reading.
He had no reflex hammer, or tool for determining sensitivity, instead he used the goniometer. He made no attempt to determine ROM for the neck or hips, all he tried to do was the spine. Then, although the cervical spine is at least as bad as the lumbar spine, he only scheduled me for a lumbar MRI. When I asked if he wasn't going to schedule an EMG/NCV he said, "Oh, your neurologist should do that."
When I pointed out that for IVDS an EMG/NCV was standard, he left the room to consult someone else, before coming back and agreeing that I needed one. Then only scheduled that for lower extremities.
I just had the EMG/NCV today, a little painful, and then went for the MRI to one I had set up myself, since OPC could not find one that was accredited, that could handle anyone with a waist over 40". I went through a lot of hassle at the VA over Travel Pay, since they decided to change the rules, without bothering to tell anyone; that's another fight where I need to investigate current rules, and the conversion rate from dollars to pesos, and mile to kilometers.
Then I went to the other hospital, where I have had MRIs before, only to find that their abdominal belt was out of order, and they had to get a new one from Japan. They tried me on old machine, but the signal was lousy, so they gave up, and gave me my money back.
Now I have to go down on Wednesday for an MRI at another hospital, where OPC has just accredited their new equipment.
I am busy putting together a formal complaint; to include extracts from the standard training book for Goniometry; references to the IVDS Training Letter; plus a complete rebuttal of this 1.7 hour C&P. The longest I have ever had, and the most completely useless.
I am also trying to work part time as QA for Medical Transcription on the old Clark AB. The transcribers are all Pilipino, and many of the medical personnel doing the dictation are from non-English speaking countries, so sometimes the results are hilarious. With all the running back and forward to Manila, I can't earn any money, and the transportation costs are high, now that they have increased the toll fees by 450% and gasoline costs are double what they were at the beginning of the year.
;)
:( B)
Fight the VA as if they are the enemy; for they are!
Erin go Bragh
Link to comment
Share on other sites
Top Posters For This Question
2
Popular Days
Nov 8
2
Nov 10
2
Nov 7
1
Top Posters For This Question
wallyg 2 posts
Popular Days
Nov 8 2005
2 posts
Nov 10 2005
2 posts
Nov 7 2005
1 post
4 answers to this question
Recommended Posts