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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 ratingPicked 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
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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.Picked By
Lemuel, -
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Question
Wings
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DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, D.C. 20420
November 29, 2006
Director (00/21) In Reply Refer To: 213B
VA Regional Offices Fast Letter 06-25
SUBJ: Clarification of DeLuca Guidelines for Compensation and Pension Examiners
Purpose
Due to requests for clarification on how to conduct and measure DeLuca requirements from the Veterans Health Administration (VHA) and contract medical examiners, this letter provides instructions for a standardized method of assessing additional limitation of joint function in C&P examinations.
Background
Under DeLuca v. Brown, when evaluating a musculoskeletal disability, the Secretary has a duty to assess the degree of functional loss due to pain. 38 C.F.R. § 4.40 provides that a disability rating may be based on “functional loss . . . due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion.”
The Compensation and Pension Examination Project (CPEP) office assembled a workgroup to discuss DeLuca issues at its August 2006 conference. This group included representatives from VBA, VHA, a quality consultant for a contract examination provider, and a member of the Board of Veterans’ Appeals. Based on literature review and clinical expertise, the group agreed that having a claimant perform at least three repetitions of range of motion should yield sufficient information on any functional loss due to an orthopedic disability. Medical contraindications would override any requirement for repetitive testing.
The committee noted that repetitive motion testing is called for by the American Medical Association’s Guides to the Evaluation of Permanent Impairment. This manual is an internationally recognized assessment tool for disability examinations used in most state jurisdictions and workers’ compensation claims.
Requirements
C&P service policy requires that repetitive testing include at least three repetitions of the joint’s or spine’s range of motion, if feasible.
The disability examination worksheets for Joints and Spine will be changed to incorporate this new guideline. The requirement that all measurements be made with a goniometer will still be in effect. Pending issuance of the new disability examination worksheets, VSRs and RVSRs should request that examiners base all DeLuca findings on at least three repetitions of range of motion.
Questions
If you have any questions about information in this letter, please submit them to the VAVBAWAS/CO/21Q&A mailbox.
/S/
Bradley G. Mayes
Acting Director
Compensation & Pension Service
USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)
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