Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
allan
Legislation > 2007-2008 (110th Congress) > S. 2160
S. 2160: Veterans Pain Care Act of 2007
Bill Status
Introduced: Oct 15, 2007
Sponsor: Sen. Daniel Akaka [D-HI]
Status: Introduced
Go to Bill Status Page
You are viewing the following version of this bill:
Introduced in Senate: This is the original text of the bill as it was written by its sponsor and submitted to the House for consideration.
Text of Legislation
S 2160 IS
110th CONGRESS
1st Session
S. 2160
To amend title 38, United States Code, to establish a pain care initiative in health care facilities of the Department of Veterans Affairs, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 15, 2007
Mr. AKAKA (for himself and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
--------------------------------------------------------------------------------
A BILL
To amend title 38, United States Code, to establish a pain care initiative in health care facilities of the Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Veterans Pain Care Act of 2007'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Acute and chronic pain are prevalent conditions within the population of veterans.
(2) Methods of modern warfare, including the use of improvised explosive devices, produce substantial numbers of battlefield casualties with significant damage to both the central and peripheral nervous systems.
(3) The successes of military health care, both on and off the battlefield, result in high survival rates of severely injured military personnel who will be afflicted with significant pain disorders on either an acute or chronic basis.
(4) Failure to treat pain appropriately at the time of transition from receipt of care from the Department of Defense to receipt of care from the Department of Veterans Affairs contributes to the development of long-term chronic pain syndromes, in some cases accompanied by long-term mental health and substance use disorders.
(5) Pain is a leading cause of short-term and long-term disability among veterans.
(6) The Department of Veterans Affairs has implemented important pain care programs at some facilities and in some areas, but comprehensive pain care is not consistently provided on a uniform basis throughout the health care system of the Department to all patients in need of such care.
(7) Inconsistent and ineffective pain care provided by the Department of Veterans Affairs leads to pain-related impairments, occupational disability, and medical and mental complications for veterans with acute and chronic pain, with long-term costs for the health care and disability systems of the Department and for society at large.
(8) Research, diagnosis, treatment, and management of acute and chronic pain for veterans constitute health care priorities of the United States.
SEC. 3. PAIN CARE INITIATIVE IN DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FACILITIES.
(a) Requirement- Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:
`Sec. 1720F. Pain care
`(a) In General- The Secretary shall carry out at each health care facility of the Department an initiative on pain care.
`(b) Elements- The initiative at each health care facility of the Department shall ensure that each individual receiving treatment in such health care facility receives the following:
`(1) An assessment for pain at the time of admission or initial treatment, and periodically thereafter, using a professionally recognized pain assessment tool or process.
`(2) Appropriate pain care consistent with recognized means for assessment, diagnosis, treatment, and management of acute and chronic pain, including when appropriate, access to specialty pain management services.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720E the following new item:
`1720F. Pain care.'.
© Implementation- The Secretary of Veterans Affairs shall ensure that the pain care initiatives required by section 1720F of title 38, United States Code, as added by subsection (a), are implemented at all health care facilities of the Department of Veterans affairs by not later than--
(1) January 1, 2008, in the case of inpatient care; and
(2) January 1, 2009, in the case of outpatient care.
SEC. 4. PROGRAM ON RESEARCH AND TRAINING ON PAIN IN DEPARTMENT OF VETERANS AFFAIRS.
(a) In General- Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section:
`Sec. 7330A. Program of research and training on acute and chronic pain
`(a) In General- The Secretary shall carry out within the Medical and Prosthetic Research Service of the Veterans Health Administration a program of research and training on acute and chronic pain.
`(b) Purposes- The purposes of the program shall include the following:
`(1) To identify research priorities most relevant to the treatment of the types of acute and chronic pain suffered by veterans.
`(2) To promote, conduct, and coordinate research in accordance with such research priorities--
`(A) through the facilities and programs of the Department; and
`(B) in cooperation with other agencies, institutions, and organizations, including the Department of Defense.
`(3) To educate and train health care personnel of the Department with respect to the assessment, diagnosis, treatment, and management of acute and chronic pain.
`© Designation of Centers- (1) The Secretary shall designate an appropriate number of facilities of the Department as cooperative centers for research and education on pain. Each such center shall be designated with a focus on research and training on one or more of the following:
`(A) Acute pain.
`(B) Chronic pain.
`© A research priority identified under subsection (b)(1).
`(2) The Secretary shall designate at least one of the centers designated under paragraph (1) as a lead center for research on pain attributable to central and peripheral nervous system damage commonly associated with the battlefield injuries characteristic of modern warfare.
`(3) The Secretary shall designate one of the centers designated under paragraph (1) as the lead center for coordinating the pain care research activities of the centers designated under this subsection. The functions of such center shall be the following:
`(A) To review and evaluate periodically the research of the centers designated under this subsection and to ensure that such research is conducted in accordance with the research priorities identified pursuant to subsection (b)(1).
`(B) To collect and disseminate the results of the research of the centers designated under this subsection.
`© To develop and disseminate educational materials and products--
`(i) to enhance the assessment, diagnosis, treatment, and management of acute and chronic pain by the health care professionals and facilities of the Veterans Health Administration; and
`(ii) for veterans suffering from acute or chronic pain and their families.
`(d) Award of Funding- Centers designated under subsection © may compete for the award of funding from amounts appropriated to the Department each fiscal year for medical and prosthetics research.
`(e) National Oversight- The Under Secretary of Health shall designate an appropriate officer--
`(1) to oversee the operation of the centers designated under subsection ©; and
`(2) to review and evaluate periodically the performance of such centers.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7330 the following new item:
`7330A. Program of research and training on acute and chronic pain.'.
SOURCE: http://www.govtrack.us/congress/billtext.xpd?bill=s110-2160
Link to comment
Share on other sites
Top Posters For This Question
2
2
1
1
Popular Days
Oct 24
4
Oct 25
2
Top Posters For This Question
allan 2 posts
yoggie2 2 posts
john999 1 post
jbasser 1 post
Popular Days
Oct 24 2007
4 posts
Oct 25 2007
2 posts
5 answers to this question
Recommended Posts