Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
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 ratingPicked 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
Wings
x
x
x
SEE ATTACHED FOR FULL TEXT ~Wings
Regulations.gov
Monday, December 10, 2007
Unified Agenda
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Ch. I
Unified Agenda of Federal Regulatory and Deregulatory Actions
AGENCY: Department of Veterans Affairs.
ACTION: Semiannual regulatory agenda.
SUMMARY: This agenda announces the regulations that the Department of Veterans Affairs (VA) will have under development or review during the 12-month period beginning in the fall 2007. The purpose in publishing the Department’s regulatory agenda is to allow all interested persons the opportunity to
participate in VA’s regulatory planning.
ADDRESSES: Interested persons are invited to comment on the entries listed in the agenda by contacting the individual agency contact listed for each entry or by writing to: Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
FOR FURTHER INFORMATION CONTACT: Janet Coleman at (202) 273-9145.
SUPPLEMENTARY INFORMATION: This document is issued pursuant to Executive Order 12866 "Regulatory Planning and Review" (and implementing guidance) and the Regulatory Flexibility Act, which require that executive agencies semiannually publish in the Federal Register an agenda of regulations that they will have under development or review.
This edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions includes The Regulatory Plan, which appears in both the online Unified Agenda and in part II of the Federal Register that includes the Unified Agenda. VA’s Statement of Regulatory Priorities is included in the Plan.
NAME: Robert C. McFetridge,
Assistant to the Secretary, Regulation Policy and Management (00REG).
Department of Veterans Affairs - Proposed Rule
Title
Regulation
Identifier Number
Education Provisions of the Veterans Programs Enhancement Act of 1998 2900-AJ68
Burial Benefits 2900-AL72
Apportionments to Dependents and Payments to Fiduciaries and Incarcerated Beneficiaries 2900-AL74
Special Ratings 2900-AL88
Payments to Beneficiaries Who Are Eligible for More Than One Benefit 2900-AL95
Improved Pension 2900-AM04
Payments and Adjustments to Payments 2900-AM06
Service-Connected Disability Compensation 2900-AM07
VA Benefit Claims 2900-AM16
Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)--Expansion of Benefit Coverage for Enuretic Devices and Certain Prostheses and Delegations of Authority 2900-AM22
Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA): Preventive Services 2900-AM23
Claims File for VA Medical Examinations and Opinions 2900-AM34
Enrollment and Copayments 2900-AM58
Vocational Rehabilitation and Employment Program—Self-Employment 2900-AM69
Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities 2900-AM71
Definition of Service in the Republic of Vietnam 2900-AM74
Department of Veterans Affairs - Final Rule
Title
Regulation
Identifier Number
Schedule for Rating Disabilities--The Eye 2900-AH43
Grants to States for Construction and Acquisition of State Home Facilities 2900-AJ43
Department of Veterans Affairs Acquisition Regulations Plain Language Rewrite 2900-AK78
Veterans Education: Incorporation of Miscellaneous Statutory Provisions 2900-AL28
Survivors' and Dependents' Educational Assistance Program Period of Eligibility for Eligible Children and Other Miscellaneous Issues 2900-AL44
Loan Guaranty; Loan Servicing and Claims Procedures Modification 2900-AL65
Service Requirements for Veterans 2900-AL67
Medication Prescribed by Non-VA Physicians 2900-AL68
Presumptions of Service Connection for Certain Disabilities and Related Matters 2900-AL70
Accrued Benefits, Death Compensation, and Special Rules Applicable Upon Death of a Beneficiary 2900-AL71
Benefits for Certain Filipino Veterans and Survivors 2900-AL76
Duties of VA; Rights and Responsibilities of Claimants and Beneficiaries 2900-AL82
Elections of Improved Pension; Old-Law and Section 306 Pension 2900-AL83
Special and Ancillary Benefits for Veterans, Dependents, and Survivors 2900-AL84
General Provisions 2900-AL87
Dependency and Indemnity Compensation Benefits 2900-AL89
See Attached PDF File
VA_2007_VACO_0043_0001_2_.pdf
Edited by WingsUSAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)
Link to comment
Share on other sites
Top Posters For This Question
1
1
Popular Days
Jan 16
2
Top Posters For This Question
Wings 1 post
Berta 1 post
Popular Days
Jan 16 2008
2 posts
1 answer to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now