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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
tssnave
Just curious who has sent in VA regs to the VA with their NOD and how it played out.
In another post (Ricky's Reconsideration thread), Berta made the following comment:
I suggest you send as evidence a copy of the entire regs found in 38 CFR 3.317 and highlight with magic marker
I (TS) have actually thought of doing that with my NOD since they didn't bother to read and apply their own regs but I didn't want to piss them off and instead only quoted the reg and gave the citation (38 CFR.....) but now I'm wondering if sending them a copy of their own regs highlighted with the applicable information may be a good plan and wonder how successful this course of action has been for others.
I am literally working on my NOD right now - have 12 tabs spread out on the table and am in the middle of copying my IMO, and other docs.
They denied me a higher rating based on "does not impact your ability to function indepednetly" when the C&P report states I have problems w/ Actitives of Daily Living (ADLs). A VA reg defines (literally in the definitions section) ADLs has having to do w/ self care (hygiene) and Instrumental ADLs as having to do with functioning indpendently (driving, household chores). My C&P report says yes, I have problems with those issues so how they came up with it doesn't impact my ability to function independently is beyond me. All they need to do is apply their own definitions.
Do you think it would be helpful for me to include the VA regulation with the ADL and IADL definitions in my NOD?
They did list "moderate" beside each ADL/IADL but my contention is that the very fact that you have problems, whether it be mild, moderat, or severe, with IADLs meets the rating criteria for 70% and having problems with ADLs meets the rating requirement for 100% since there is no mention whatsoever of independent functioning or problems with activities of daily living in the 50% rating criteria.
What do you think about this argument?
Furthermore, there is another VA reg I quoted that talks about how being unemployed impacts your ability to function independently (duh - if you can't hold down a job how are you going to function independenlty?) and I'm wondering if I should include a copy of that reg as well since there are numerous notations in my C&P exam about my not being able to work due to my sc disability.
Should I sent this reg in as well with my NOD?
Anyone with experience with mental disorder ratings or other issues where sending in the regs has helped an NOD, please chime in. Now's the time because I am in copy and collate mode and hope to get this NOD done this weekend.
Thanks for all the help and support. I want so badly to one day post on the "Success Story" forum!!
Thanks,
TS
Edited by tssnaveLink to comment
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