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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
Guest Jim S.
How much Planner must the first page of your c;laim be?
STATEMENT IN SUPPORT OF CLAIM
FOR CLEAR AND UNMISTAKABLE ERROR
IN ORIGINAL CLAIM
DATED
NOVEMBER, 1974
AND REOPENDED CLAIM
DATED
JANUARY, 1979
I waisted a year and a half in the belief that the VARO was working my CUE claim and found out last month that they were doing nothing, having thought this was additional statements in support of my claim to reopen with new and material evidence.
Even that was a mistake by the VARO, it was a request for a De Novo Review of a prior decision. Seeing that they had it wrong, I withdrew the claim for a De Novo Review and submitted the CUE claim. I was tired of their mishandling of my claim from day one and wanted them to finally give reason and basis for their flawed decisions in the original claim and the claim that followed.
I'm not defending the correctness of my CUE claim, but to show how most Veterans believe that the VARO or even the BVA do not seem to even take the time to read the claim before them or for that matter, the evidence presented in support of same. That they read into anything what they want as long as it is against an award in favor of the Veterans claim.
In each of the calls to the VARO and my SO, they still refer to my claim as one to reopen. So I have my doubts that even after talking with a manager at the VARO and my SO, that they may still have things incorrect and cause even more delay in my claim.
I am at a loss, if they remain to look at this as a claim to reopen, can I appeal then to the BVA for this mistake and the mishandling of my claim for CUE.
What would be my next step, should the VARO show they will not look at my claim for CUE, insisting to look at it as a claim to reopen?
They say that they have developed my claim and will be opening the file around the 17th of November. What developtment would be necessary, since all the information and evidence is already a part of the file?
My SO suggested they get my file from Social Security, but why would they need thant, that would be new evidence, and could only be used if they approved my CUE claim and needed it for a current evaluation of disability.
This waiting and wondering is making me nutter. my anxiety levels are trying to jump off the charts. Sleeping through the night, hard to do, when things were normal, now forget it, I would probably overdose if I took enough sleep meds to knock me out long enough to sleep the night.
Well it's time for my afternoon meds and back into oblivion for a short while. LoL
Jim S. ;)
Edited by Jim S.Link to comment
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