Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
.thumb.png.0b66d11060c658bf7aa45efe4372d3e7.png)
- 0
Announcements
-
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 rating
Picked 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
Berta
The 800 number here in Buffalo VARO seems to be a bit off today- You click one then Zero and they say it is invalid response-and the menu only says 5 choices and none of them are for claims status-
but if you hang on long enough they transfer you to a claims counselor-
I was surprised to hear an old 800# recording today instead of the new one.???
They said my claim has ending date of Dec 30. (Gee ----he didnt say what year
)
And that the DRO has to do something and then it is ready to rate.
What surprised me is that a third DRO now has my main claim.
I sure am glad I ordered another IMO-# 4-but I realised the brief freeby IMO I got -I think I could have gotten this former VA neurologist to expand- he did write and ask me if I had any more questions but it seems Dr. Bash had contacted him anyhow.
I have complete faith in Dr.Bash's IMOS and they support my claim but after all these years-in which they have never been considered , all I could think of to do was get one more from a different type of doctor.
That EP date means nothing to me-but I realised that the VA has not done so far what my POA suggested they would do-to try to get another quakola opinion-I cited Mariano V Principi right off the bat to stop that-and maybe that worked.
The rep told me that when I got the remand , a separate file was made to specifically to address the remanded AO claim-that makes sense-
it also contains the I-9 as to another claim they sent to the BVA which they had not even decided yet but they added to the BVA transfer.
The format I used for the I-9 I had discussed with NVLSP and it is available here at hadit-preserving all errors on appeal etc---
another thing I did is that I got the crux of my argument stated all on page one of the I-9. I added additional pages but still- it is right there on page one-
how my DTA was violated and why their decision was medically wrong.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
Link to comment
Share on other sites
Top Posters For This Question
2
1
1
1
Popular Days
Dec 27
2
Dec 28
2
Dec 29
1
Top Posters For This Question
Berta 2 posts
Ricky 1 post
rdawg 1 post
william n 1 post
Popular Days
Dec 27 2007
2 posts
Dec 28 2007
2 posts
Dec 29 2007
1 post
4 answers to this question
Recommended Posts