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
Berta
Men and women -I know I have griped here lately about repetious questions- these things take time from someone else's question ---
but then again I sure repeat the regs a lot here myself-
and they bear repeating- Alan posted this I believe the first time-
I just sent a copy of this to a rep on my POA whose email was offensive:
and last night I mentioned this reg briefly as time ran out on our SVR Braodcast but I am sure I told listeners that I would post it here for them to read-
or maybe mention it in detail in a future broadcast-
This applies in my opinion to any representation that is faulty and negligent and also -as in my case- an illegal VCAA letter was sent to me, the reps knew it ,and they did nothing about it-among other things-
Help - Search - Members - Calendar Full Version: Sec. 14.633 Termination Of Accreditation Of Agents, Attorneys, And Representatives.
hadit.com Veterans Forum > VA Claims Research > (VA Claims Reserarch) Veterans Affairs Claims and Benefits Research
allanApr 9 2007, 01:03 PM
[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR14.633]
[Page 539-541]
TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS--Table
of Contents
Sec. 14.633 Termination of accreditation of agents, attorneys, and representatives.
(a) Accreditation may be canceled at the request of an agent,
attorney, representative, or organization.
(:D Accreditation shall be canceled at such time a determination is
made that any requirement of Sec. 14.629 is no longer met by an agent,
attorney, or representative.
© Accreditation shall be canceled when the General Counsel finds,
by clear and convincing evidence, one of the following:
[[Page 540]]
(1) Violation of or refusal to comply with the laws administered by
the Department of Veterans Affairs or with the regulations governing
practice before the Department of Veterans Affairs;
(2) Knowingly presenting or prosecuting a fraudulent claim against
the United States, or knowingly providing false information to the
United States;
(3) Demanding or accepting unlawful compensation for preparing,
presenting, prosecuting, or advising or consulting, concerning a claim;
(4) Any other unlawful, unprofessional, or unethical practice.
(Unlawful, unprofessional, or unethical practice shall include but not
be limited to the following--deceiving, misleading or threatening a
claimant or prospective claimant; neglecting to prosecute a claim for 6
months or more; failing to furnish a reasonable response within 90 days
of request for evidence by the Department of Veterans Affairs, or
willfully withholding an application for benefits.)
(d) Accreditation shall be canceled when the General Counsel finds
an agent's, attorney's, or representative's performance before the
Department of Veterans Affairs demonstrates a lack of the degree of
competence necessary to adequately prepare, present, and prosecute
claims for veteran's benefits.
(e) As to cancellation of accreditation under paragraphs (, © or
(d) of this section, upon receipt of information from any source
indicating failure to meet the requirements of Sec. 14.629, improper
conduct, or incompetence, the Regional Counsel of jurisdiction shall
initiate an inquiry into the matter. If the matter involves an
accredited representative of a recognized organization, this inquiry
shall include contact with the representative's organization.
(1) If the result of the inquiry does not justify further action,
the Regional Counsel will close the inquiry and maintain the record for
3 years.
(2) If the result of the inquiry justifies further action, the
Regional Counsel shall take the following action:
(i) As to representatives, suspend accreditation immediately and
notify the representative and the representative's organization of the
suspension and of an intent to cancel accreditation. The notice to the
representative will also state the reasons for the suspension and
impending cancellation, and inform the representative of a right to
request a hearing on the matter or to submit additional evidence within
10 working days following receipt of such notice. Such time may be
extended for a reasonable period upon a showing of sufficient cause.
(ii) As to agents or attorneys, inform the General Counsel of the
result of the inquiry and notify the agent or attorney of an intent to
cancel accreditation. The notice will also state the reason(s) for the
impending cancellation and inform the party of a right to request a
hearing on the matter or to submit additional evidence within 10 working
days of receipt of such notice. Such time may be extended for a
reasonable period upon a showing of sufficient cause.
(iii) In the event that a hearing is not requested, the Regional
Counsel shall forward the record to the General Counsel for final
determination.
(f) If a hearing is requested, a hearing officer will be appointed
by the Director of the regional office involved. The hearing officer
shall not be from the Office of the Regional Counsel. The hearing
officer will have authority to administer oaths. A member of the
Regional Counsel's office will present the evidence. The party
requesting the hearing will have a right to counsel, to present
evidence, and to cross-examine witnesses. Upon request of the party
requesting the hearing, an appropriate Department of Veterans Affairs
official designated in Sec. 2.1 of this chapter may issue subpoenas to
compel the attendance of witnesses and the production of documents
necessary for a fair hearing. The hearing shall be conducted in an
informal manner and court rules of evidence shall not apply. Testimony
shall be recorded verbatim. The hearing officer shall submit the entire
hearing transcript, any pertinent records or information, and a
recommended finding to the Regional Counsel within 10 working days after
the close of the hearing. The Regional Counsel will immediately forward
the entire record to the General Counsel for decision.
[[Page 541]]
(g) The decision of the General Counsel is final. The effective date
for termination of accreditation shall be the date upon which a final
decision is rendered. The records of the case will be maintained in the
General Counsel's office for 3 years.
(Authority: 38 U.S.C. 501, 5902, 5904)
[53 FR 52422, Dec. 28, 1988]
================
PS the smilys are not in the reg and I dont know where they came from-
Edited by BertaGRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
Link to comment
Share on other sites
Top Posters For This Question
1
Popular Days
Jul 19
1
Top Posters For This Question
Berta 1 post
Popular Days
Jul 19 2007
1 post
0 answers to this question
Recommended Posts