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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”-
- 0 replies
Picked By
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 rating
Picked 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
Picked By
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
Berta
I just used Tbird's new Home page and the GI Bill link was to Military.com.
I am already member of Mil.com so I didnt use the member form that popped up- but got answer to my question right away-my daughter has GI bill and I wanted to see how much time a vet has to use this benefit.
http://www.military.com/veterans-report/gi-bill-facts
This is funny-2 years ago my daughter-a new veteran then - called me up because another vet she knew did not understand the VA web site info on the GI Bill.
I laughed and said I hope neither of you ever have to deal with a VA disability claim-VA double talk gets even worse at that point than it is their education info at the VA web site.
(I complained once and asked them to put the information in plain English and not VA legalise because a vet would need a BA degree first in order to comprehend it all)
They both read it but felt frustrated at the way the info is presented-(both are TS Feds so sure not stupid) and
it is almost as bad as the Chapter 35 VAola info- very difficult to comprehend so I gave her the Military.com link and she emailed me next day that every question the other vet had was answered right away in a way that anyone could understand.
There is more info and discussion on the GI Bill at Mil.com but this recent info is some good points all vets with the GI Bill should know:
"5 Must Know GI Bill Facts
Week of August 13, 2007
The GI Bill is a benefit you earned. Here are 5 must know facts that will help you better understanding how it works.
1) You have 10 years to use your benefits. Once you have separated from the service you have 10 years to use it - or loose it.
2) The GI Bill is not Federal Financial Aid. College and University financial aid departments do not consider the MGIB financial aid because it is normally paid directly to you, not the school. This also means that you are eligible for student loans, scholarships, and Pell Grants along with the GI Bill.
3) You can stop and start using the MGIB as needed. Unfortunately, many people believe that once you apply for benefits you have to remain enrolled in school to get the full benefit. Thankfully that's not true.
4) A "month" of benefits doesn't always mean a month. The GI Bill benefit provides 36 months of education benefits. The term "months" can often be confusing. The "36 months" of benefits does not mean you have only 36 months to use it, nor does it mean you must use it all in one 36 month period. Learn more about the way payments are broken down here.
5) The GI Bill pays according to the number of credits you take. The GI Bill payment rates are based on several factors, the biggest being your credit load. For example a fulltime student will get up to $1075 a month while a half-time student will only get half that amount.
Don't let your benefit expire. Take the first step and request free information from schools that match your education needs and schedule. "
If the VA web site said it all that way- anyone could comprehend it better.
All schools usually have on their Home Pages more info as to the GI bill too.
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.
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