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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 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.
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
Bound4heaven
Greetings,
I just felt led to post this letter I received from a good friend currently in Iraq. This letter is from a brother in arms who was killed in IRAQ.
SGT. Edmund John Jeffer's last few words were some of the most touching, inspiring and most truthful words spoken since the tragedy of 9/11 - and since our nation went to war.
>
> SGT. Jeffers was a strong soldier and talented writer. He died in Iraq on September 19, 2007. He was a loving husband, brother and son. His service was more than this country could ever grasp - but the least you can do for the man who sacrificed his life for you ... is listen to what he had to say.
>
> Listen up and pay attention to all of the Cindy Sheehans and Al Frankens of the world. To MSNBC, CNN, and CBS. To all who call themselves Americans ... Hope Rides Alone.
>
> ************************************************************************
> ***
> Hope Rides Alone
> By Eddie Jeffers
>
> I stare out into the darkness from my post, and I watch the city burn to the ground. I smell the familiar smells, I walk through the familiar rubble, and I look at the frightened faces that watch me pass down the streets of their neighborhoods. My nerves hardly rest; my hands are steady on a device that has been given to me from my government for the purpose of taking the lives of others. I sweat, and I am tired. My back aches from the loads I carry. Young American boys look to me to direct them in a manner that will someday allow them to see their families again...and yet, I too, am just a boy....my age not but a few years more than that of the ones I lead. I am stressed, I am scared, and I am paranoid...because death is everywhere. It waits for me, it calls to me from around street corners and windows, and it is always there.
>
> There are the demons that follow me, and tempt me into thoughts and actions that are not my own...but that are necessary for survival. I've made compromises with my humanity. And I am not alone in this. Miles from me are my brethren in this world, who walk in the same streets...who feel the same things, whether they admit to it or not.
>
> And to think, I volunteered for this...
> And I am ignorant to the rest of the world...or so I thought.
>
> But even thousands of miles away, in Ramadi , Iraq , the cries and screams and complaints of the ungrateful reach me. In a year, I will be thrust back into society from a life and mentality that doesn't fit your average man. And then, I will be alone. And then, I will walk down the streets of America , and see the yellow ribbon stickers on the cars of the same people who compare our President to Hitler.
>
> I will watch the television and watch the Cindy Sheehans, and the Al Frankens, and the rest of the ignorant sheep of America spout off their mouths about a subject they know nothing about. It is their right, however, and it is a right that is defended by hundreds of thousands of boys and girls scattered across the world, far from home. I use the word boys and girls, because that's what they are. In the Army, the average age of the infantryman is nineteen years old. The average rank of soldiers killed in action is Private First Class.
>
> People like Cindy Sheehan are ignorant. Not just to this war, but to the results of their idiotic ramblings, or at least I hope they are. They don't realize its effects on this war. In this war, there are no Geneva Conventions, no cease fires. Medics and Chaplains are not spared from the enemy's brutality because it's against the rules. I can only imagine the horrors a military Chaplain would experience at the hands of the enemy. The enemy slinks in the shadows and fights a coward's war against us. It is effective though, as many men and women have died since the start of this war. And the memory of their service to America is tainted by the inconsiderate remarks on our nation's news outlets. And every day, the enemy changes...only now, the enemy is becoming something new.
>
> The enemy is transitioning from the Muslim extremists to Americans. The enemy is becoming the very people whom we defend with our lives. And they do not realize it.
>
> But in denouncing our actions, denouncing our leaders, denouncing the war we live and fight, they are isolating the military from society...and they are becoming our enemy.
>
> Democrats and peace activists like to toss the word "quagmire" around and compare this war to Vietnam . In a way they are right, this war is becoming like Vietnam . Not the actual war, but in the isolation of country and military. America is not a nation at war; they are a nation with its military at war. Like it or not, we are here, some of us for our second, or third times; some even for their fourth and so on.
>
> Americans are so concerned now with politics, that it is interfering with our war.
> Terrorists cut the heads off of American citizens on the Internet...and there is no outrage, but an American soldier kills an Iraqi in the midst of battle, and there are investigations, and sometimes soldiers are even jailed...for doing their job.
>
> It is absolutely sickening to me to think our country has come to this.
> Why are we so obsessed with the bad news? Why will people stop at nothing to be against this war, no matter how much evidence of the good we've done is thrown in their face? When is the last time CNN or MSNBC or CBS reported the opening of schools and hospitals in Iraq ? Or the leaders of terror cells being detained or killed? It's all happening, but people will not let up their hatred of Bush. They will ignore the good news, because it just might show people that Bush was right.
>
> America has lost its will to fight. It has lost its will to defend what is right and just in the world. The crazy thing of it all is that the American people have not even been asked to sacrifice a single thing.
>
> It's not like World War Two, where people rationed food, and turned in cars to be made into metal for tanks. The American people have not been asked to sacrifice anything. Unless you are in the military or the family member of a service member, its life as usual...the war doesn't affect you. But it affects us. And when it is over, and the troops come home, and they try to piece together what's left of them after their service...where will the detractors be then? Where will the Cindy Sheehans be to comfort and talk to soldiers and help them sort out the last couple years of their lives, most of which have been spent dodging death and wading through the deaths of their friends? They will be where they always are, somewhere far away, where the horrors of the world can't touch them. Somewhere where they can complain about things they will never experience in their lifetime; things that the young men and women of America have willingly taken upon their shoulders.
>
> We are the hope of the Iraqi people. They want what everyone else wants in life: safety, security, somewhere to call home. They want a country that is safe to raise their children in. Not a place where their children will be abducted, raped, and murdered if they do not comply with the terrorists demands. They want to live on, rebuild and prosper.
>
> And America has given them the opportunity, but only if we stay true to the cause, and see it to its end. But the country must unite in this endeavor...we cannot place the burden on our military alone. We must all stand up and fight, whether in uniform or not. And supporting us is more than sticking yellow ribbon stickers on your cars. It's supporting our President, our troops and our cause.
>
> Right now, the burden is all on the American soldiers. Right now, hope rides alone. But it can change, it must change. Because there is only failure and darkness ahead for us as a country, as a people, if it doesn't.
>
> Let's stop all the political nonsense, let's stop all the bickering, let's stop all the bad news, and let's stand and fight!
>
> ************************************************************************
> ***
> Eddie's father, David Jeffers, writes:
> I'm not sure how many letters or articles you've ever read from the genre of "News from the Front," but this is one of the best I've ever read, including all of America's wars. As I was reading this, I forgot that it was my son who had written it. My emotions range from great pride to great sorrow, knowing that my little boy (22 years old) has become this man. He is my hero. Thank all of you for your prayers for him; he needs them now more than ever. God bless.
>
> Though Eddie is no longer with us, you can help to let his voice be heard.
> WE ARE AT WAR
> GOD BLESS AMERICA
>
CDR Tim Minzer, SC, USNR
Edited by Bound4heavenLink to comment
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