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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 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.
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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
ronn
Recent VA News Releases
To view and download VA news release, please visit the following
Internet address:
http://www.va.gov/opa/pressrel
VA and DoD Pilot Single Physical
One Exam Used for "Fitness for Duty" and Disability Pay
WASHINGTON (November 7, 2007) - In a landmark agreement to simplify life
for service members with medical problems as they leave the military and
return to the civilian world, the Department of Veterans Affairs (VA)
and the Department of Defense (DoD) signed a memorandum to pilot a
single physical examination to be used by both Departments.
"This agreement commits VA and DoD to develop a single process to assess
the medical conditions of wounded, injured or ill service members," said
Acting Secretary of Veterans Affairs Gordon H. Mansfield. "We will make
it easier for these heroes to go back to their homes, with the key
questions about their eligibility for VA compensation already decided."
The agreement, signed Nov. 6 by Mansfield and Dr. David S.C. Chu, Under
Secretary of Defense for Personnel and Readiness, calls for a pilot
program to evaluate a single physical examination that would be used by
DoD to determine the medical fitness of injured personnel to remain in
uniform and by VA for awarding disability compensation.
Today's announcement continues progress on the recommendations of the
President's Commission on Care for America's Returning Wounded Warriors,
co-chaired by former Sen. Robert Dole and former Health and Human
Services Secretary Donna Shalala.
The pilot, which begins late this month, involves VA and DoD facilities
in Washington, D.C. Service members from the Walter Reed Army Medical
Center, the National Naval Medical Center in Bethesda, and the Air
Force's Malcolm Grow Medical Center at Andrews Air Force Base will
participate in the pilot.
Medical evaluations will be performed by VA, although the agreement
notes the physicals could actually take place in VA medical centers,
military installations, VA contracted examination centers or other
facilities.
The memorandum says the process "lays the foundation for building a
network of qualified providers and resources that will meet both DoD and
VA requirements and ease the transition of members from military service
to veteran status."
The evaluations will be based upon VA's system for disability
examinations and include an examination of medical conditions identified
by military physicians that call into question a service member's
fitness for duty, as well as other applicable medical conditions
identified by the service member together with VA.
To unsubscribe from this list, or to update your name or e-mail address,
please visit the following Internet address:
<http://www.va.gov/opa/pressrel/opalist_listserv.cfm>
<http://www.va.gov/opa/pressrel/opalist_listserv.cfm>
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