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
fwd from: BLUE WATER NAVY VIETNAM VETERANS ASSOCIATION
Thursday, November 29, 2007
A Different View
Lets step back from things for a moment and take a deep breath.
In reviewing the announcement of the proposed changes to the VA's Manual that hit the presses the other day, we need to make sure we understand a couple of things about the process.
When Congress passes enabling legislation like the Agent Orange Act of 1991, the affected Department(s) re-write the law into the language of policy and regulation. So, Congress enacts a bill and it becomes a citation under United States Code or USC, the agency re-writes it into regulation entered into the Code of Federal Regulations or CFR. If the agency or department wishes to make a change to the CFR, it must announce that change in the daily called the Federal Register, which serves as the "public announcement" for the government. To make a change, the proposed change must undergo a period of public comment, in this case a 60 day period during which public comments will be accepted. The agency or department MUST accept all comments, but they are NOT compelled to act on them. Those that do are being responsible. Those that don't...
The announcement yesterday issued by DVA Acting Secretary Gordon Mansfield announced the recission of the manual change they unilaterally and without public comment instituted in 2002 and brought us all to this situation today. The action is being announced in anticipation of a loss in the Haas case. Remember, it was the DVA that appealed.
I don't believe they would have taken this action unless they were almost certain the Circuit Court's rulling will uphold the lower court's ruling in Haas against the DVA.
So what is this announcement about. On the surface it is ONLY about the recission of the manual change. Because part of the Haas decision took the DVA to task for implementing the 2002 manual change without a public comment period, the DVA is dotting its I's and crossing its T's. The DVA must ask for public comments and give details on how to make those comments.
For some strange reason, Mansfield chose to incude in this announcement the warning that he would be changing the CFR entry which defines "Service in the Republic of Vietnam". In order to do that, he would also have to put that out for public comment.
Curiously, that note, added almost as an afterthought, was very vague. Everyone assumed that it meant he would once and for all alter that section in the CFR to exclude the Blue Water Navy Veterans. But the statement does not go that far.
The change might be made to include Blue Water Navy Veterans, and accordingly,we are writing on behalf of the BWNVVA to inquire exactly what change they have in mind. So, let us cross our T's, and dot our I's as well, and slow down the attacks on the DVA. It is why I have not posted one on the Blog.
I do not believe that the DVA is willing to give up that easily, but Haas DOES include other aspects, as was evidenced by the ground covered during the oral arguments. The definition of what Service in Vietnam included was very carefully crafted into the questioning by the panel. At best guess, if there is a concession by the DVA it may be only to the 12 mile limit. Or it may go back to the Vietnam Service Medal, which I think was given to anyone who served in the Combat Zone.
So, let's take some time and find out whether we have been beating a dead horse for the past 24 hours, or whether we really should be celebrating.
VNVets
"With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow, and his orphan--to do all which may achieve and cherish a just and lasting peace, among ourselves, and with all nations." -- President Abraham Lincoln
"Without a decisive naval force we can do nothing definitive, and with it, everything honorable and glorious." --President George Washington
Copyright © 2005-2007: VNVets Blog; All Rights Reserved.
Source: http://vnvets.blogspot.com/2007/11/different-view.html
Link to comment
Share on other sites
Top Posters For This Question
1
1
Popular Days
Dec 1
2
Top Posters For This Question
Berta 1 post
allan 1 post
Popular Days
Dec 1 2007
2 posts
1 answer to this question
Recommended Posts