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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
Ryan H.
I was awarded Combat Aircrew Wings after my first deployment to Iraq. They are the equivelant to a Combat Action Ribbon, but the VA does not recognize that. It seems that since only a handfull of people get these they just turn a blind eye to it. I would like an opinion on this because I am taking this MCO and my Original award certificate into my C&P this Sat.
--------------------------------------------------------------------------------------------------------------
MCO P1000.6G
COMBAT AIRCREW INSIGNIA
1. The Combat Aircrew Insignia may be authorized for those aircrewmen
qualified under para- graph 3309, who have participated in aerial flight
during combat, and those enlisted personnel who qualify for nontechnical
aircrew positions and serve in such positions in aerial combat.
2. Unit commanders may designate as combat aircrewmen, and authorize the
wearing of the Combat Aircrew Insignia, those enlisted personnel who
satisfactorily meet the prerequisites listed below. Make an appropriate entry
(to include any authorization for combat stars earned under paragraph 3310.4)
in the Marine’s record per current instruction.
3. The prerequisites for designation as a combat aircrewmen follow:
a. The Marine must be a volunteer for combat aircrew duty.
b. The Marine must be qualified per physical and psychological
requirements of the Manual of the Medical Department.
c. The Marine must be a regularly assigned member of a flight crew in an
aircraft participating in combat operations.
d. The Marine must be a graduate of an established course of instruction
and/or OJT qualifying the Marine for a position in the flight crew of a Marine
aircraft.
4. Combat aircrewmen who have qualified to wear combat stars may wear the
Combat Aircrew Insignia on a permanent basis. A maximum of three combat stars
may be awarded for display on the Combat Aircrew Insignia. The criteria for
earning individual combat stars (which are authorized by unit commanders) are
as follows:
a. Engagement of an enemy aircraft.
b. Engagement of an enemy vessel with bombs, rockets, torpedoes, guns or
missiles.
c. Participation in offensive or defensive operations against enemy
fortified positions.
5. A Marine who is qualified to wear both the Naval Aircrew Insignia and the
Combat Aircrew Insignia has the option of wearing the one of his choice.
Requests for verification of combat aircrew status must include sufficient
documentation to substantiate compliance with the prerequisites. Address all
inquiries concerning this insignia to the CMC (ASM).
6. The combat aircrew designation will be canceled by the unit commander
whenever the flight status of the Marine is terminated because he is no longer
physically, psychologically or technically qualified for combat aircrew
duty,or because he is transferred to a billet in which duty involving flying
is not required. Unless the Marine has qualified for permanent retention
under paragraph 3310.4, the authorization to wear the Combat Aircrew Insignia
is revoked upon cancellation of the designation.
It's never too late to get it fixed!
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