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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
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.
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Lemuel, -
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Question
Wings
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DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, D.C. 20420
April 24, 2007 In Reply Refer To: 211D
Fast Letter 07-10
Director (00/21)
All VA Regional Offices and Centers
SUBJECT: Revised Disability Examination Worksheets
Revised disability examination worksheets for Audio; Ear Disease; Hand, Thumb and Fingers; Feet; Mental Disorders; Eating Disorders; Esophagus and Hiatal Hernia; Intestines; and Stomach, Duodenum, and Peritoneal Adhesions have been released nationally to VA Medical Centers for C&P examiner use.
These worksheets are changed in the following significant ways:
Audio and Ear Disease
The Audio examination worksheet no longer requires frequency and duration for tinnitus. The examiner only needs to state whether tinnitus is persistent or recurrent.
On the Audio examination worksheet, the request for an opinion about the etiology of tinnitus has been removed. If an opinion about etiology is required for a specific veteran, the regional office must request it.
On the Ear Disease examination worksheet, questions have been added about history of hospitalizations, surgery, noise exposure and ear trauma.
On both examination worksheets, examiners are asked to describe effects on occupational functioning and daily activities.
Hand, Thumb and Fingers
Under history, questions about hospitalizations, surgery, trauma and neoplasm have been added.
Examiners are asked to describe current symptoms and effects on occupational functioning and daily activities.
On physical examination, the requirement for passive range of motion has been removed.
Feet
Under history, questions about neoplasm have been added.
On physical examination, all requirements for range of motion of the toes; active, passive and after repetition have been removed.
On physical examination, assessment of posture in various positions has been removed.
Mental Disorders and Eating Disorders
The credentials of examiners who VBA and VHA recently agreed can perform these types of examinations are listed.
On a Mental Disorders examination, the examiner is expected to select the appropriate assessment of the veteran from the list provided and support the assessment with examples.
Esophagus and Hiatal Hernia
Under history, questions about hospitalizations, surgery, trauma and neoplasm have been added as well as the effects of the condition on occupational functioning and daily activities.
Under diagnostic tests, if there is a history of bleeding (past 12 months) or signs of anemia, a hemoglobin/hematocrit is required.
Intestines
Under history, questions about hospitalizations, surgery, trauma and neoplasm have been added as well as effects of the condition on occupational functioning and daily activities.
Under history, for ulcerative colitis, the number of attacks per year has been added as a requirement.
Under diagnostic tests, if there are signs of anemia, a hemoglobin/ hematocrit is required.
Scars
Under history, the treatment used and response to treatment has been removed.
Stomach, Duodenum, and Peritoneal Adhesions
Under history, questions about hospitalizations, surgery, trauma and neoplasm have been added as well as effects of the condition on occupational functioning and daily activities.
Under diagnostic tests, if there is a recent history (past 12 months) of hematemesis, melena or signs of anemia, a hemoglobin/hematocrit is required.
The following worksheets will be released in approximately 8 weeks: Bones; Chronic Fatigue Syndrome; Cranial Nerves; Cushing’s Syndrome; Eye; Fibromyalgia; HIV-Related Illness; Liver, Gall Bladder, and Pancreas; Lymphatic Disorders; Nose, Sinus, Larynx, and Pharynx; and Rectum and Anus.
These worksheets have been changed in the following significant ways:
Bones
Under history, questions about hospitalizations, surgery and neoplasm have been added.
If a joint is involved, the examiner is referred to the Joint worksheet.
Chronic Fatigue Syndrome
Under history, a question about hospitalizations has been added.
Under history, questions about debilitating fatigue, incapacitating episodes and cognitive impairment have been added.
A cursory physical examination has been added.
Cranial Nerves
Under history, the question about flare-ups has been deleted.
Under history, the examiner is asked to comment on onset, course since onset and current symptoms.
Under history, questions about hospitalization, surgery, neoplasm and trauma have been added.
Under history, a question about effects on occupational functioning and daily activities has been added.
Cushing’s syndrome
Under history, questions about hospitalizations, surgery, and neoplasm have been added.
Under history, a question about effects on occupational functioning and daily activities has been added.
Diagnostic and Clinical tests are only to be performed if not of record or to confirm a diagnosis.
Eye
Under history, questions about hospitalizations, surgery, and trauma have been added.
Under history, a specific question for congestive or inflammatory glaucoma has been added.
Under physical examination, a specific question about the ability to wear a prosthesis after enucleation has been added.
Fibromyalgia
Under history, a question about hospitalizations has been added.
HIV-Related Illness
Under history, questions about hospitalizations, surgery and neoplasm have been added.
Liver, Gall Bladder, and Pancreas
Under history, a question about effects on occupational functioning and daily activities has been added.
Lymphatic Disorders
Under history, a question about hospitalizations and surgery has been added.
Under history, a question about effects on occupational functioning and daily activities has been added.
A focused physical examination has been added.
Nose, Sinus, Larynx, and Pharynx
Under history, for chronic sinusitis, a question about incapacitating and non-incapacitating episodes per year has been added.
Under history, a question about effects on occupational functioning and daily activities has been added.
Under history, questions about neoplasm have been added.
Under physical examination, the examination for larynx and pharynx has been added.
Rectum and Anus
Under history, questions about hospitalizations, surgery, trauma, and neoplasm have been added.
Under history, a question about effects on occupational functioning and daily activities has been added.
Under Diagnostic and Clinical tests, the examiner is asked to obtain a CBC if there is a history of bleeding, signs of anemia or chronic infection.
If you have any questions about this letter, please contact Vicki Milton, M.D., at (202) 273-9646 or by e-mail.
/S/
Bradley G. Mayes
Director
Compensation & Pension Service
USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)
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