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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
jecsb4
Need Some Good Old Fashion Hadit Advice
What triggers a new GAF? Here is my background…Just started using the VAMC in 07.
I have several SC conditions, three of which are 30% each. The one I want to discuss is my SC depression. I’ll spare you the reasons why, but initially my C&P for this was evaluated as a GAF of 60. BTY my Appeal C&P for depression was Feb 07. Does that mean I get one every year?
My award letter (after a NOD) said that “we have determined that your pre existing depression was aggravated on active duty and has permanently worsened….. and 30% is awarded, which is a FULL grant of benefits sought on appeal….”
Hard to understand that if this is a FULL grant then why was I rated at only 30% however this not my main issue…
I do currently hold down a job, but it is getting harder to do. I am loosing my ability to focus, get stuff done, I even call my boss by the wrong name sometimes, etc but I don’t meet the VARO criteria for IU and / or P&T. It is upsetting that I have gone to the VA mental health clinic twice in 07 (separate from my shrink Apts) and only got to talk to the RN. She did try to get me to see my shrink but she was out.
I guess the best word to describe myself and my life is that I am overwhelmed. I really should be fired from my job…..
Well here is my real issue (sorry I rambled)….
Well I see the VA Psychiatric Dr. every 2 - 3 months and a few months ago she referred me to a grief counselor, PhD type.
I talked to this Dr. and said I would TRY to go to a weekly meeting. Well one day while I was in the VA for a med apt, I secured a print out of my apt’s, and this Dr booked me for every session for 3 – months. Basically one day a week for 2 hrs a session (group).
I was upset, because I told her I would try to go to a session and check it out so when I found out I had 15+ Apt’s scheduled for the next three months, I got upset, and I called and cancelled them with the VA mental health clerk. I even left the Dr. a voice mail saying I did so because of work (I was not rude). I called in late Sept or early Oct. She didn’t even call me to tell me she scheduled all of these Apts!
There is no way I could get time off for all of those apt’s unless I was working part time or not working.
Here is were I am concerned….on one of my apt’s lists it said I needed a new GAF. When I asked the PCM / Clerk they could not tell me why I needed it or who ordered it. So all I can think about is that this Dr is doing this on purpose! I just had my C&P for depression in Feb 07 and had a GAF of 60 which at the time I believe was accurate, now I am sure it is worse. I don’t know if this GAF is generated by VARO or VAMC – but I think it is the VAMC.
When I got home tonight there was a VAMC voice mail to call her!! All I can think off is this Dr is trying to mess with me. I have a feeling that she doesn’t have enough people in her group sessions and is out to hurt me because I didn’t even go to one session. I know that this sounds like I am so paranoid, I guess I have gotten that messed up, but reading how so many Vets and family of Vets get messed up I am thinking the worse. Now I have to wait to Mon to call so I have the weekend to keep thinking about this….
Thanks.
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