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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.
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
SSGMike.Ivy
Dear Sgt. Shaft:
I was looking for VA benefits for dental care and I don't think there are any for me. I would like to have your opinion on this subject. I served just under four years in the Air Force (1968-1971) and received an honorable discharge. I'm willing to pay a co-payment for the service. I live in Delaware. I'd appreciate any help.
Sgt. Gary M.
Dear Sgt. Gary:
I forwarded your query to the top tooth doc at Veterans Affairs and the following is his response.
For most veterans, VA dental care is limited to a one-time episode of care, providing application is made within 90 days after discharge and the veteran had not received dental care immediately prior to discharge while still in the military.
The rules for eligibility are complex and there are other ways VA can provide dental care based upon level of service connection and the presence of medical illness impacted by poor oral health. The best course of action would be to contact the eligibility clerk at the closest VA medical center for information on how to apply for dental benefits. That way, your individual situation can be carefully evaluated for dental eligibility.
Shaft notes:
• The Department of Veterans Affairs (VA) recently announced the initial hiring of 10 full-time veterans employment coordinators to focus efforts to attract, recruit and hire veterans throughout the department. These coordinators will work closely with the recently formed Federal Recovery Coordination Program to assist Operation Enduring Freedom and Operation Iraqi Freedom veterans to potentially obtain employment with VA.
"After our young men and women have concluded serving in our military, VA will use every hiring flexibility available to bring their talents and skills to our department should they want to continue to serve this great nation through the VA," said Gordon Mansfield, acting secretary of veterans affairs.
The veterans employment coordinator job announcements will be posted on www.usajobs.gov and www.va.gov/jobs with the goal of being hired by the end of the year. The coordinators will work with veterans interested in employment at VA, including those who have completed one of VA's vocational rehabilitation and employment services programs.
"VA believes enhancing a veteran's opportunity for employment is not merely the obligation of a grateful nation. It is good government and good business," Mr. Mansfield said. "This stepped-up recruitment and hiring of veterans into the Department of Veterans Affairs ensures we are able to employ some of our nation's most highly motivated, disciplined and experienced citizens."
About 31 percent of the 230,000 Veterans Affairs employees are veterans, and 7.7 percent are service-connected disabled veterans.
• Congratulations to Health Net for being named to the 2007 GI Jobs top 50 list, in recognition of its commitment to promote education, awareness and programs that advocate for the rights and benefits of U.S. military veterans.
Ranking of Top 50 Military-Friendly Employers is based on company responses to their annual survey. This includes assets dedicated to military hiring, policies for Reserve/Guard called to active duty, the percentage of new hires over the past year who were veterans and internal military and veteran recruiting, training, promotional and community programs.
"Health Net is centered around a culture of pride and ownership in serving veterans, as well as employing them and improving their quality of life," said Steve Tough, president of Health Net Federal Services.
• Sgt. Shaft has received word of an 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 and the Department of Defense signed a memorandum to pilot a single physical examination to be used by both departments.
The agreement calls for a pilot program to evaluate a single physical examination that would be used by the Defense Department to determine the medical fitness of injured personnel to remain in uniform and by VA for awarding disability compensation.
Medical evaluations will be performed by VA, although the agreement notes that the physicals could take place in VA medical centers, military installations, VA contracted examination centers or other facilities.
• Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax 301/622-3330; call 202/257-5446; or e-mail sgtshaft@bavf.org.
SSGMike.Ivy
Vietnam Veteran
4th Infantry Division
October 1968-October 1969
U.S. Army retired
Jr. Vice Commander
Father Vincent Capodanno Chapter 1101
Military Order of the Purple Heart
"To be a Veteran one must know and determine one's price for freedom."
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