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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 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
Courtesy of Colonel Dan-
this might explain better a point I have made here recently-
a veteran or widow can raise any potential reason to grant service connection.
They are never locked into just one reason-if they have any way to support additional avenues of entitlement-they should make claim as to each reason.
"a good source for finding a veteran's lawyer is http://www.vetadvocates.com/ look for membership listing on left side of page
http://www.pva.org/site/PageServer?pagename=rights_gc
These two ref's are listed at the bottom of the above page
SOAR is a quarterly pub put out by PVA and provides a lot of info
on recent cases.... it is worth reading by vet advocates & attys
SOAR, the Service Officers Appeals Report, is a quarterly newsletter providing information on cases at the Board of Veterans' Appeals, Veterans Court, and Court of Appeals for the Federal Circuit; opinions and rulemaking of the Department of Veterans Affairs; judicial review; and other issues of concern to Paralyzed Veterans service officers.
Read the latest issue of SOAR.
Tommy, the award-winning newsletter for the Veterans Law Section of the Federal Bar Association, is the leading forum for veterans law issues.
Read the latest issue of Tommy.
Establishing Service Connection
T
here is a little known but important
alternative for veterans who
want to establish direct service
connection: A veteran may present evidence
to VA demonstrating a medical
relationship between an in-service incident
and his or her current disability.
Before Congress created the
Veterans Court in 1988, the VA decided
claims for direct service connection
under two theories. First, VA evaluated
the veteran’s service medical records to
see if they disclosed evidence that the
veteran incurred a chronic disease or
injury during his or her military service.
Second, VA evaluated the record
to see if evidence existed that showed,
after service discharge, “continuity and
chronicity” of signs or symptoms noted
during the veteran’s military service.
Under opinions of the Veterans Court,
a third legal theory exists for establishing
direct service connection for a disability
incurred in or aggravated by military service.
A veteran whose service medical
records do not contain evidence establishing
the existence of a chronic disease or
injury during military service or who is
unable to present evidence establishing
continuity or chronicity of signs or symptoms
during military service may nevertheless
be able to establish entitlement to
direct service connection by demonstrating
that a medical relationship exists
between an in-service incident and the
veteran’s current disability.
The case of Douglas v. Derwinski, 2
Vet.App. 103, 108-109 (1992) (Douglas
I), stands for the proposition that a claim
for direct service connection for skin cancer
(or for any other illness or injury) is
not legally invalid if evidence of it did not
manifest during service or within one
year thereafter. Consequently, the development
of a cancerous growth or of multiple
growths years after service does not
eradicate the veteran’s potential for recovery
under 38 U.S.C.A. § 1110 (West
2002) and 38 C.F.R. § 3.303(a) (2006).
The Veterans Court reaffirmed the
holding of the Douglas opinion in these
cases: Godfrey v. Derwinski, 2 Vet.App.
352, 356 (1992) (If evidence demonstrates
a medical relationship between an
in-service incident and current disability
“it would follow that the veteran incurred
an injury in service”); Douglas v.
Derwinski, 2 Vet.App. 435 (May 21,
1992) (en banc) (Douglas II) (Court reaffirms
holding in Douglas I relating to test
for direct service connection); Cosman v.
Principi, 3 Vet.App. 503, 505 (1992)
(“according to [3.303(d)], even though a
veteran may not have had a particular
condition diagnosed in service or for
many years afterwards, service connection
can still be established”) (emphasis
added); Triplette v. Principi, 3 Vet.App.
370, 375 (1992) (“If…the veteran’s schizophrenia
did not manifest itself within the
statutory presumpti[on] period, he may
establish service connection by submitting
direct evidence”); Godfrey v.
Derwinski, 2 Vet.App. 352, 356 (1992)
(evidence showing a nexus between a veteran’s
current disability and the veteran’s
military service is sufficient to establish
service connection).
Adjudication Tips
These opinions create a
favorable
legal standard
that VA should employ
when adjudicating claims for direct service
connection. If your service medical
records fail to establish the existence of a
chronic disease or injury during service
and you lack sufficient evidence to prove
“continuity and chronicity” of symptomatology,
utilizing these court precedents
may enable you to receive direct service
connection. You can strengthen your
claim by submitting
medical evidence
that unequivocally
links your claimed
disability to military service. "
!
_
GRADUATE ! 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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