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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
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
On Saturday AMs- as time allows-I continue to search my POA's cases at the BVA (in case I have to make formal complaint to the GC regardng their high remand situation due to VCAA violations-I already have an extensive list)
In three very recent cases I found this AM- where the vet had the same POA I have- the BVA actually had to do a remand of a past remand! I didnt search for more yet-double remands- this is unconscionable-
In one case the BVA on May 8, 2007 ,stated that they had vacated their past decision of Dec 27,2006 because they became aware of "additional evidence not in the claims file-but in the Board's constructive possession, when the board issued that decision. So it was based on an incomplete record."
http://www.va.gov/vetapp07/files2/0712321.txt
The evidence not in the c file but in their Constructive possession is this:
"REMAND
The most recent supplemental statement of the case (SSOC) was
issued on September 13, 2006. On November 28, 2006, relevant
evidence was added to the veteran's claims file for
consideration in his appeal, consisting of lay statements
from his wife and a fellow soldier. So as is evident, these
lay statements were not in his claims file when the RO last
considered his claims, and, as also mentioned, he did not
waive his right to have this additional evidence initially
considered by the RO. His representative made note of this
when submitting this additional evidence. So to avoid
potentially prejudicing him, the RO (AMC) must consider this
additional evidence prior to the Board. See 38 C.F.R. §§
19.31, 20.800, 20.1304 (2006); Bernard v. Brown, 4 Vet. App.
384 (1993)."
"His representative made note of this
when submitting this additional evidence" perhaps this is why the evidence did not get there within the 60 day SOC response time frame-I say submit it yourself and never depend on a vet rep to do it.
in any event-
the veteran-by not waiving his right for RO consideration ended up with this remand- as the BVA could not consider the evidence-the RO still has Jurisdiction over it-
What is intersting to me- here- and it often pays to ask for copies of these POA records- is that
the POA of record-on the case- NYSDVA-
I can prove-
only sends in 21-4138 with evidence when they want to-
They never sent any in on any of my claims for years-
This is a critical reason-unknown to me at the time- that the RO did not consider ANY of my evidence as it appeared the POA offered no formal support for my claims.
A 21-4138 calls attention to the claim and the evidence that is attached to it.
In the above case the veteran- like me and many others with this state POA- never got a legal VCAA notice.
The POA knew this and even if the specific vet rep handling the claim didnt know it- the POA at a higher level in the RO- (they have 4 senior VSRs there)
never checked at that point either before the claim went to the BVA- as MANY of this POAs claim do.
To only be remanded due to the VCAA violation.
Constructive Possession means that the VA has the evidence somewhere but it is not in the claims file.
A CAVC case I read -regarding the veteran raising the issue of constructive possession.
BUT the veteran was talking about private records that the VA had not obtained.
Thus the VA had no constructive possession at all.
Evidence is only what the VA has-not what they are unaware of or have not obtained.
The long point I am making is simply this:
1. If you respond to a SOC with additional evidence-make sure you send it to the RO yourself-
and within the 60 days (there is a proposed rule to change that to 30 and I mentioned this months ago-here-
The public comment time is over-and I sure griped about it in the Fed Register public comment section)
hope others did too-
2.Check your POA file from time to time to make sure they are giving you full support under their Missions statement- to include sending 21-4138s in support of your claim and additional evidence.
And make sure your NoDs are in their POA file on you as well as at the RO.
NEVER depend on a vet rep to send a NOD to the RO in your behalf. My rep lost my recent CUE NOD within a week. Luckily I had sent one also to the RO.
3.If you are at the BVA send any additional evidence to them as well as the RO-and waive your RO rights-if you want the BVA to consider this evidence and this way hopefully-you might not get a remand.The BVA could decide the claim- still it has to go back to the VARO for the proper rating etc-
but a remand is a time consuming re-do-
often involving the preparation of the VCAA letter that the vet should have gotten in the first place-
A BVA award is not at all as complex as a remand.
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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