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
Guest Morgan
I got a call from the RO offering "time out" from health care duties. The director of the program explained that this program offers 30 days annual respite care for the caregiver of a chronically ill vet. Based on bed availability, a veteran even can be admitted to a VA hospital for up to 7 days (non-medical stay) while the caregiver takes a break. I had never heard of this before I was offered the benefit, so thought others might need to know.
T-1
Department of Veterans Affairs M-5, Part VII
Veterans Health Administration Chapter 1
Washington, DC 20420
March 3, 1995
FOREWORD
This manual chapter promulgates the policies and procedures for implementation of the Respite Care Programs of Deaprtment of Veterans Affairs health care facilities throughout the country.
M-5, Part VII March 3, 1995
March 3, 1995 M-5, Part VII
Chapter 1
1-i
CONTENTS
CHAPTER 1. RESPITE CARE
PARAGRAPH PAGE
1.01 Purpose ................................................................................
................................1-1
1.02 Policy ................................................................................
...................................1-1
1.03 Definition ................................................................................
..............................1-1
1.04 Scope ................................................................................
...................................1-1
1.05 Responsibility ................................................................................
........................1-2
1.06 Admission Guidelines......................................................................
........................1-3
1.07 Termination of Respite Care............................................................................
....... 1-3
Chapter 1
1-1
CHAPTER 1. RESPITE CARE
1.01 PURPOSE
a. This chapter defines the role of respite care within the Veterans Health Administration (VHA).
b. It is generally recognized that most chronically ill persons who do not need hospital services can be most effectively cared for, if, through the assistance of family or other members of the household, they are able to live at home. At the same time, there is recognition that such arrangements for care of a patient at home may place severe physical and emotional burdens on the caregiver and the household.
c. The clinical objective of providing institutionally based respite care is to support the caregiver's role in caring for the chronically ill veteran at home. A critical element of respite is planning in advance for the benefit of the caregiver, rather than being incidental to the provision of necessary medical care of the patient.
1.02 POLICY
Title 38 United States Code (U.S.C.) Section 1720B authorizes the Department of Veterans Affairs (VA) to provide institutional respite care without affecting other eligibility criteria.
1.03 DEFINITION
Respite care means medical center or nursing home care, which is:
(1) Of limited duration;
(2) Furnished in a medical facility on an intermittent basis to a veteran who is suffering from a chronic illness and who resides primarily at home; and
(3) Furnished for the purpose of helping the veteran to continue residing primarily at home.
1.04 SCOPE
a. VA medical centers may provide respite care to an eligible veteran for up to 30 days in a calendar year. Families and patients who are in need of respite care in excess of 30 days because of unforeseen difficulties, such as the unexpected death of the caregiver, may, with the approval of the medical center Director, furnish additional days of care.
b. VA medical centers are not authorized to provide respite care:
(1) In an Ambulatory Care Program;
(2) In domiciliary beds;
(3) Through contractual agreements; or
(4) In the home. NOTE: This is not intended to preclude the possible need to develop a program using
volunteers and/or community resources to provide intermittent respite in the home.
M-5, Part VII March 3, 1995
Chapter 1
1-2
c. Patients considered for admission will be admitted based on eligibility and admission priorities as outlined in M-1, Part I, Chapters 4 and 12. Beds will not be dedicated for respite care.
d. When a treatment team determines that respite care services are indicated to support the caregiver's role in caring for the chronically ill veteran at home, then the service will be provided at that medical center.
1.05 RESPONSIBILITY
a. A medical center policy will be developed by each medical center to identify how the Respite Care Program will operate and who is responsible.
b. The medical center Director has overall responsibility for the Respite Care Program. The Chief of Staff (COS), the Associate Chief of Staff (ACOS) for Geriatrics and Extended Care, or the ACOS for Ambulatory Care has programmatic responsibility.
c. A Respite Care Coordinator will be appointed by the COS, or designee, and will be accountable for the operation and management of the program.
(1) The coordinator must have demonstrated ability and competence in both patient care and/or program administration.
(2) The Respite Care Coordinator is responsible for:
a Coordinating referrals;
b Coordinating admissions; and
c Orienting the patient and caregiver to the Respite Care Program.
d. An interdisciplinary team will be responsible for screening the patient and formulating the respite care treatment plan for the patient, including frequency, duration and recommendation for patient activities while in the medical center or nursing home care unit (NHCU).
(1) The Adult Day Health Care (ADHC), Hospital Based Home Care (HBHC), Mental Health, and VA NHCU interdisciplinary teams may serve in this capacity.
(2) Otherwise, the interdisciplinary team will be composed of the physician primarily responsible for the patient's care, a nurse, and the social worker assigned the Respite Care Program responsibility.
NOTE: The treatment plan should be developed in conjunction with the primary caregiver.
e. The physician member of the patient's interdisciplinary team will be responsible for or will supervise the respite care of the patient. The physician along with the team members will ensure that there is coordination between the existing outpatient and/or home treatment plan and the respite care treatment plan.
(1) The respite care treatment plan can include the following:
Drug review,
Drug management,
Mental health intervention,
March 3, 1995 M-5, Part VII
Chapter 1
1-3
(d) Physical therapy,
(e) Occupational therapy,
(f) Corrective therapy,
(g) Recreation therapy,
(h) Speech therapy,
(i) Manual arts therapy, and
(j) Intravenous (IV) administration.
(2) The respite care treatment plan mandates there will not be any self-administered medication.
1.06 ADMISSION GUIDELINES
The following guidelines define admission criteria:
a. The patient's caregiver is in need of relief from the day to day patient care tasks.
b. The patient is suffering from a chronic illness and/or has a prolonged recuperation from surgery or an injury incurred from an accident.
c. The patient must be determined eligible for medical center or nursing home care under 38 Code of Federal Regulations (CFR) 17.47. NOTE: Eligibility criteria are published in M-1, Part I, Chapters 4 and 12.
d. Respite care, as a form of medical center or nursing home care, will follow the same priorities that are used for all hospital and nursing home care. In accordance with 38 CFR 17.49, the Under Secretary for Health has established priorities for admission to hospital and nursing home care. These priorities are published in M-1, Part I, Chapter 4.
e. Patients admitted directly from the community and not currently known to VA will have a physical assessment completed immediately.
1.07 TERMINATION OF RESPITE CARE
Termination from respite care will occur when the patient is:
a. Released to the caregiver (home), or
b. Transferred to another level of care because the:
(1) Caregiver will no longer be able to provide care to the patient;
(2) Patient becomes acutely ill; or
(3) Patient becomes terminally ill and the anticipation of death prevents discharge from hospital or nursing home care.
Link to comment
Share on other sites
Top Posters For This Question
2
Popular Days
Nov 30
5
Top Posters For This Question
Jay Johnson 2 posts
Popular Days
Nov 30 2005
5 posts
4 answers to this question
Recommended Posts