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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 went to the Chicago RO yesterday for my appointment to see my husband's C-file. The letter I got said to bring a photo ID.
The first thing the lady at the desk asked me was "Did you bring the letter?"
No. Was I supposed the bring the letter? I have AN APPOINTMENT.
Yes. In order to see the file you HAVE to bring the letter. That's the only way we will know that YOU are the person we said can SEE the file. (with that "how STUPID can you be" tone of voice)
I pointed out the letter did not indicate that I had to bring it. I had assumed that the PHOTO ID would "prove" I was the person that was entitled to see the file.
I drove 5 HOURS ONE WAY to see the file. I did not appreciate the power game upon my arrival.
But she decided that, despite my stupidity in not bringing the letter I should have KNOWN to bring because how else would they know who I am without the letter, that she would "check" and see if the powers that be would ALLOW me to see the file without the LETTER.
Grrrr...
Then some young girl stumbles out of the office with the C-file - announcing that I don't have to worry - that SHE has a copy of the needed letter that will allow me to see the C-file.
Geez - they believe their own power games.
She announced that I would have exactly one hour to the minute to view the file -- but did let me look through it on my own in her presence.
At first she only had one thin file. I told her that WE had more records than that. So she went back and looked and found out that there were four files total.
She said I could sticky note anything I wanted copies of - and they would "follow up" on them.
But I couldn't find his discharge physical.
We have been asking for over a year for that. We have requested a copy of his C-file -- and made what is called a "limited request" for the discharge physical - because sometimes if a request for files takes a long time - agencies can fill a limited request quicker.
I drove five hours - thinking I will FINALLY get to at least SEE his discharge physical - and read what it says.
I couldn't find it.
She said it would be in the front- and then she said it would be in the back _ actually all his SMRS were out of order. 1996, 1982, 1995, 1971 notes just kind of in there.
We couldn't find any record beyond 1996, though he retired in 1998.
She looked through the dental record to see if it might have been stuck in there by accident.
She told me maybe the Air Force didn't give it to them.
But a couple of his C&P exams MENTION it in THEIR reports.
I think I will send an IRIS and ask them to locate it and send me a copy.
I did find out the case is set for "review" on September 19. She said to try to have everything to them by then.
But she said if I get it in earlier - and let them know it is all in - they will send the file on sooner.
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