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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
abnpayne
Hello Hadit family. I've been monitoring the site for some time and this is my first post. It will be lengthy and I apologize in advance. I need some therapy so I thank you for allowing the post.
I was an Infantryman 11B. I am an OIF vet medically separated in Jan 05 for back pain due to scoliosis.
Two years before my deployment with the 4th ID, the spring of 02, I was diagnosed at Walter Reed with Generalized Anxiety Disorder and Depression "other than categorized." Walter Reed was my local medical facility because I was stationed in the Military District of Washington, and was serving in "The Old Guard" executing ceremonies in the Capitol Region and full honors funerals in Arlington Natl Cemetery. While in there in 3D INF my mid back and left rib pain began fall 02 during training for EIB testing. I grunted it out, earned my EIB then later visited sick call at the unit aid station a few times and was given the old take motrin, drink water, drive on treatment. I also fell in the barracks and injured some of the small bones in my right wrist. After visiting off and on for nearly two months, an xray and mri of my wrist was finally ordered. Surprise, there was a fracture and a bone fragment floating around in there. So I grunt these things out for a full year and PCS to 3d BDE 4ID, Fort Carson, CO.
11/03. The unit I was to be assigned A CO 1/8 INF to was already in Iraq and I was going to be deployed with one of the last groups of replacements. I was left with a difficult decision of alerting my new command of my back problem which continued to worsen and looking like a coward, or deploying and possibly becoming a liability to my squad in the event of having to carry an injured squadmember, my back going out and needing help myself. So I decided to give Ft Carson's medical staff a try for a diagnosis, after the drink water take motrin/drive on treatment in Ft Myer. The result was a diagnosis of thoraculumbar scoliosis(mid-back and neck). I was given a P3 profile and had to inform the rear detachment chain of command. The officer of the day's response was, "Can he hold a rifle? Then he's F'n going! Honestly I wanted to go, just prayed my back would hold up. Days later I report to my 1SGt in theater at Camp Paliwada(East Balad, Iraq)with a P3 and become a M-249 Sawgunner We do the Infantry thing and after a couple months redeploy. Back home the back pain increases I seek further remedy, the Docs tell me he Officer of the Day by reg should have sent me. Ten months later I am Medically Separated at 0%, Jan 05 four months before the end of my 4 year enlistment. Oh yeah, the Carson hospital had a CHIROPRACTOR!
On the The VA.
After separation I have been desperately struggle try to readjust and better myself. Back pain and anxiety have overtaken my existence with brief and cherished lapses. Once the $13k separation pay and unemployment ran out the troubles intensify.
My VA interaction is as follows. Decided 30Nov05
-SC 10% Degenerative Joint Disease bilateral knees
-SC 0% Bilateral plantar fasciitis
-SC 10% for scoliosis lumbar spine (my pain and curvature does not inhibit my range of motion much)
-SC 10% for Dysthymia "(also claimed as anxiety disorder)" this frustrated me greatly that the examiner changed a diagnosis of three years treated by different psychologists to a mood disorder the simply means, extended period of depression.
I also made a HUGE mistake by stating if felt "much better"
My claims for pes planus, acne, and avulsion injury to right wrist were denied.
I failed to appeal due to hopes that things would simply get better and I was just stressed about moving and readjusting to civilian life. I never thought that I would come have to rely on the VA for sustenance.
Where I am today...
Since my separation, I have only been holding jobs for three months at best before insomnia, anxiety, or confusion drives me to resign or face termination. I now face difficulty finding employment due to lack of stability in my resume, on which I omit ALOT of jobs. Being former Infantry also limits my scope of civilian sector skills. I nearly started with the Dept of Corrections as a last resort this week, but was strongly advised not to by my VA psychologist. Last year my annual income was under $9000
I'll follow up tomorrow, sleep meds and pain killers finally taking effect..... Matthew
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