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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
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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.
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Lemuel, -
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Question
free_spirit_etc
Wow! I have been so busy doing everything else - I haven't had time to work on my DIC claim / accrued benefits claim.
But I got my first denial - so I feel like part of the crowd now.
I guess a couple good things might have come from that.
1. They have played their "medical" hand first. So at least I know the angle they are taking at the moment.
2. By not developing the whole asbestos thing any more they have FINALLY acknowledged the claim for IN SERVICE INCURRENCE (that the cancer STARTED in the service) that they have totally ignored though it was the basis of my husband's initial claim and all his NOD, appeal stuff. They just kept acting like he hadn't mentioned it and they kept talking about the asbestos.
Anyway - my husband sent in lots of medical information about the doubling time of adenocarcinoma -- the growth rates - etc. along with his letter from his treating oncologist that said the standard doubling time (time it takes for a tumor to double in size) is 180 days, and his inital handwritten form from his doctor on base showing that based on the doubling rate and size of tumor it would take around 15 years for a tumor to reach the size of my husbands.
The VA asked for a medical opinion from a VA doc (I think) and all it says is that he looked at the SMRs and it was his opinion that it was less likely than not that the respiratory symptoms my husband had in service were related to his lung cancer as they were more likely related to respitory infections (or something like that-- I don;t have the letter right here).
It seems like he totally ignored the fact that we never alleged the symptoms in service were cancer related. The whole basis of the claim was based on the growth rates. And we did point out that lung cancer is most often asymptomatic until it is late stage - and his medical records also state that my husband was asymptomatic when his cancer was discovered. So dang! If cancer is asymptomatic by its nature - and his medical records show he was asymptomatic but HAD cancer -- it is totally silly to ONLY address the symptoms -- as the VA opinion giver did.
The good thing about that I would think is that it should be easy to blow that opinion away with a good medical opinion. You gotta wonder about the qualifications of a person who would take a disease that is known to be asympomatic -- be asked if based on medically sound principles it could have started in the service (especially with doctor's statements in the records about the doubling time of cancer) and still just generically address that the symptoms in service were probably not related to cancer -- without going beyond that to address whether the cancer started in service.
But again, maybe the best thing about them going first is that they get a crap medical opinion that is easier to address.
However, I have not read the actual opinion...so I don;t know.
Does anyone know - since it takes 6 months or more to get a copy of anything from the VA --(Chicago) (Still waiting for records I requested last spring -- that my husband had requested the year before that). IS there a way to get a copy of JUST the medical report any sooner?
Also - as the decision was made prior to the expiration of time for me to submit evidence that was requested -- when I send the evidence - can I ask for a reconsideration? (I guess I should also send a NOD).
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