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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 rating
Picked 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.
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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
ruby
Making sure I don't screw up, I have asked this question before, just making sure I am doing the right thing, perhaps someone can advise me on how to word it. Its confusing to me
I am SC for -- 0% for New skin growth, benign, will be rated as scars. This a cyst.
This is what my comp exam says from 86 (found in old chart)-She had a cyst on her right thigh in 1976. She was at Paris Island at the time. This was lanced while she was on leave and it had quieted down, however, it had returned recently and is still present.--(Denied increase at that time.)
Now 32 yrs later they tell me this is hidrandenitis supportiva a disease process.
I have been told to file for new SC am confused on how to do this. Can someone help me with the wording.
More info if needed:
19 Dec 1975: c/o of swollen lymp node in inner aspect of L thing leg x yesterday-very painful- states she applied hot soaks to leg last PM with no relief:
RX: hot soaks dinapen #40
Missing notes for the 20th I went back.
Undated note - know it was in Dec 75 home from Macdill Hospital. Infected sub cysts groin -no treatment ordered (saw private md couple of days before)
25 Jan 76 Staph infection-was treated by civilian doctor for staph infection (subacecous cyst in groin area without success pt c/o discomfor and fatigue
Nov 22 1978 (2 mos post DC) Fever 2-3 days large swollen area near perineum and top of L thigh
A: cellulitis- no abscess yet, involving the leg
P: RTC 1 wk, PCN,
Nov 29 78- Pt returns for follow up of cellulitis- resolution of celluitis (this was a cyst not celluilits
After this point I never saw a doc for this problem. I took care of it myself.
During Comp Exam in 86 cyst was present 2-3mm very small.
So how do I word this as a new SC
Today's notes from Rhemuatology---patient with reactive arthritis secondary to hydradinitis suppurtiva-pt completely physically disabled. (AS/reactive arthritis).
3rd time he has documented this.
Recently I was denied SC for arthritis, right hand, knees, right foot and sacroiliac
Wording in denial is: We requested a medical opinion to determine if these claimed conditions were secondary to your service connected disability of arthritis, cervical spine.
I am in the process of writing a NOD not sure how to handle it. I can't disagree with the denial since it is not connected to my DJD/traumatic arthritis.
I really need help on how to approach this.
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