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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
mountain tyme
Hello...I need some information regarding the Schedule for rating disabilities for gerds...
I called the 800 number and I was told the number was #7299-7203 and I can not find it on the VA web site.
My husband just received his decision and he was granted service connected due to having been diagnoised with Reflux during his time in service.
His decision was Gastroesophageal Reflux disease 10%...I feel the percent is two low...based on his medical documentation. Also he had one of those procedures done where they send a camera down and it is documented that he has a sliding hiheria..also some of his Symptoms are pain, vomiting, hard time swollowing after reflux takes place..and sometimes his arm will pulsate with pain...but not all the time...he is on maintance medication for the reflux and has 8-9 episodes per week.
esp. at night. so we keep the bed elevated at the head...due to the reflux he can not use his c-pap machine because he does has re-geration with the reflux...so he can not use his machine at all...
I feel a higher percentage is in order...
Also do they rate the sliding herina differnt from the Gerds?
on the decision it states...
1.) Service connection for gastroesophageal reflux disease.
Service medical records show complaint and treatment for this chronic condition.
during the VA exam you reported pyrosis and regurgitation two to three days a week. There is no dysphagia reported. Va exam shows that there are no signs of anemia. You have a normal appearing esophagus. There was no erosive esophagitis or Barrett's esophagus. Diagnosis is gastroesophageal reflux disease.. The Va examiner ipined that it is at least as likely as not that your current gastoesophageal reflux diesease is related to the treatment for gastroesophageal reflux noted during your military service.
Service connection for gastroesophageal reflux disease has been established as directly related to military service.
As evaluation of 10 percent is assigned from FEdxx,xxxx. An evaluation of 10 percent is assigned if there are two or more of the following symptoms: epigastric distress, dysphagia, pyrosis, regurgitation, or substernal or arm or should pain.
A higher evaluation of 30 percent is not warranted unless the record shows persistently recurrent epigastric with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain which is productive of considerable impairment of health.
This disability is not specifically listed in the rating schedule; therefore, it is rated analogous to a disability in which not only the functions affected, but anatomical localization and symptoms are closely related.
What I find distrubing is that the C/P doctor...didn't even ask all the questions because she came running up to us as we were leaving the VA hospital saying she missed a few pages of questions...and she said...oooo I will just fill in the blanks...I couldn't believe it...My husband did tell her about the pain that shoots through his arms...we at one time thought he was having a heart attack until our doctor told us that is caused by the reflux...now if his arm feels that why when he isn't refluxing to go to the ER asap...
so I do not understand why he did not receive a higher percentage...
Also in the evidence that they used to grant s/c they did not use the report we had faxed to them from the Univeristy hospital of his gastro exam that shows the sliding herina...
so we would like to ask for a reconsideration but I don't know how to word it...and should I go get a copy of the gastro exam and diagnosis and attach it to the reconsideration...
and would a statement from me or him help as to the pain he experiances...
Thanks in advance..
MT
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