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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
JoAnn
Hi all again. After receiving the letter stating that I was going to be denied my claim at the BVA I wrote all of you and you had excellent advice. However, based on what you all told me and what has happened I am very confused.
I filed my claim in the Reno Nevada Regional Office. My appeal was done through the traveling board. I finally got a C&P ordered from the BVA. It was returned for further clarification and the doctor for the C&P was in my favor and then stated it again for the BVA. The next thing I knew I received a letter from the Seattle Regional Office stating that my claim was going to be denied and gave me 30 days to respond. I sent them a copy of all of my specific evidence based on their denial. Today I called the AMC and was told that a decision was made on my claim and that it had been sent to the DAV Washington office for review. I was then told that the decision would be sent back to the AMC who would forward it to Reno Regional Office for disemination. My DAV officer here in Vegas told me that that was standard protocal and that it would take another two to three months for me to know what the decission was. So here are my questions:
1. The denial came from a rating board out of Seattle. I understood that my claim could not leave Washington once it had gone there.
2. The denial overturned the judges opinion. The judge found a service connection and that is why I finally got a C&P exam. In fact it was returned just to verify that the doctor also found a connection.
3. The denial went over the top in calling me a liar and stated that I did not have anything in my files to support the claim at all. That is when I sent them all of the evidence again, hilighted so they would not need to read it all but would see that I did fit within the guidlines of service connection.
4. The DAV in Washington is reviewing the decision for errors. Is this routine?
5. Reno will be the one to issue the decission. How can one office issue a decission from another office?
6. Is this really standard protocal?
I am becoming ill with stress over my claim. I want to contact my stated Senator to show him the letter from the Seattle office and how slanderous it was. Even my therapist said that the letter went over the top and was very disrespectful of who I am. I need to know if there were any rules broken by the VA in their handling of my claim. I have read where the claim should not have left Washington and I have also read where the rating board cannot overturn the decision of the BVA. Your advise please.
Respectfully,
Jo Ann
US Army
1974-1977
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