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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
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.Picked By
Lemuel, -
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Question
Berta
Recent VA News Releases
To view and download VA news release, please visit the following
Internet address:
http://www.va.gov/opa/pressrel
(from VA Media email 1-4-08)
"New VA Rules for Specially Adapted Housing Grants
Program Aids Most Seriously Injured
WASHINGTON (January 4, 2008) - A change in the law that allows certain
seriously injured veterans and servicemembers to receive multiple grants
for constructing or modifying homes has resulted in many new grants, the
Department of Veterans Affairs (VA) announced today.
Before the change, eligible veterans and servicemembers could receive
special adaptive housing grants of $10,000 or $50,000 from VA only once.
Now they may use the benefit up to three times, so long as the total
grants stay within specified limits outlined in the law.
"Veterans seriously disabled during their military service have earned
this benefit," said Secretary of Veterans Affairs Dr. James B. Peake.
"This change ensures that every eligible veteran and servicemember has
the chance to use the maximum amount afforded to them by our grateful
nation."
In order to ensure all previous recipients are aware of this
opportunity, VA has mailed more than 16,000 letters to eligible
veterans, reaching out to those who used only a portion of their grant
or who decided not to use the grant even after initially qualifying.
The response over the past year has been dramatic, with more than 4,600
applications received thus far. Of these, approximately 3,900 veterans
have been determined eligible under the new law, and more than 200
grants already awarded.
VA has averaged about 1,000 adaptive housing grant applications per year
during the past 10 years. Since the program began in 1948, it has
provided more than $650 million in grants to about 34,000 seriously
disabled veterans.
To ensure veterans' and servicemembers' needs are met and grant money is
spent properly, VA works closely throughout the entire process with
contractors and architects to design, construct and modify homes that
meet the individuals' housing accessibility needs.
Eligible for the benefit are those with specific service-connected
disabilities entitling them to VA compensation for a "permanent and
total disability." They may receive a grant to construct an adapted
home or to modify an existing one to meet their special needs.
VA has three types of adapted housing grants available. The Specially
Adapted Housing grant (SAH), currently limited to $50,000, is generally
used to create a wheelchair-accessible home for those who may require
such assistance for activities of daily living.
VA's Home Loan Guaranty program and the Native American Direct Loan
program may also be used with the SAH benefit to purchase an adaptive
home.
The Special Housing Adaptations (SHA) grant, currently limited to
$10,000, is generally used to assist veterans with mobility throughout
their homes due to blindness in both eyes, or the anatomical loss or
loss of use of both hands or extremities below the elbow.
A third type established by the new law, the Temporary Residence
Adaptation (TRA) grant, is available to eligible veterans and seriously
injured active duty servicemembers who are temporarily living or intend
to temporarily live in a home owned by a family member.
While the SAH and SHA grants require ownership and title to a house, in
creating TRA Congress recognized the need to allow veterans and active
duty members who may not yet own homes to have access to the adaptive
housing grant program.
Under TRA, veterans and servicemembers eligible under the SAH program
would be permitted to use up to $14,000, and those eligible under the
SHA program would be allowed to use up to $2,000 of the maximum grant
amounts. Each grant would count as one of the three grants allowed
under the new program.
"The goal of all three grant programs is to provide a barrier-free
living environment that offers the country's most severely injured
veterans or servicemembers a level of independent living," added Peake.
Other VA adaptive housing benefits are currently available through
Vocational Rehabilitation and Employment Service's "Independent Living"
program, the Insurance Service's Veterans Mortgage Life Insurance
program, and the Veterans Health Administration's Home Improvement and
Structural Alterations grant.
For more information about grants and other adaptive housing programs,
contact a local VA regional office at 1-800-827-1000 or local veteran
service organization. Additional program information and grant
applications (VAF-26-4555) can be found at
http://www.homeloans.va.gov/sah.htm."
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.
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