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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
Guest Berta
VETERANS RESOURCES NETWORK
http://www.valaw.org
Chairman Buyer Foresees Additional Claims Staff For VA
From: Veterans Press <Vetspress@mail.house.gov>
To: PRESS_RELEASES-VR00@ls1.house.gov
Chairman Buyer Foresees Additional Claims Staff For VA
Washington, D.C. - Yesterday, at a full Veterans' Committee oversight
hearing on claims processing at the Department of Veterans Affairs
(VA),
Chairman Steve Buyer (R-Ind.) heard testimony of excessive wait times
for
claims decisions and clear indications that VA needs more claims
adjudicators.
The backlog of pending claims and the time it takes VA's Veterans
Benefits
Administration (VBA) to process a claim has increased over the past
two
years. Major concerns cited yesterday beyond the backlog of claims
included:
* A lack of quality in claims decisions;
* A need for medical staff who conduct disability
examinations to have a greater knowledge of health issues specific to
veterans;
* The perception that some claims processors have
a
complacent or dismissive attitude about their work.
"Veterans just want to be treated well. They recognize that
something is
not right and they are making a claim. How they are treated is
important.
It is about quality and attitude," Chairman Buyer said.
Dr. William Jones, a retired U.S. Air Force flight surgeon, recounted
his
own tribulations with the VA claims process system over the past six
years.
Characterizing the claims process, he said, "the process is
programmed to
procrastinate . . . there appears to be little motivation to move the
claims
forward."
Ronald Aument, VA's Deputy Under Secretary for Benefits, said that
Dr.
Jones' case showed how the claims adjudication process has gotten
overly
complex. He discussed VA's challenges to making "timely, accurate,
and
consistent" claims decisions, in the face of a steadily increasing
claims
workload.
"It is unconscionable that some veterans are waiting up to five
years to
receive a decision on the benefits they are entitled to
receive. This must
change. The VA must be given the resources needed to improve the
process,"
said Committee Member Tom Udall (D-N.M.).
Buyer, at the hearing's conclusion, asked representatives of veterans
groups
who had provided testimony, including the VFW, The American Legion,
Disabled
American Veterans, Paralyzed Veterans of America, and AMVETS, if they
thought that VA needed more claims adjudicators.
Hearing their unanimous agreement that additional VBA staffing would
help
resolve the claims backlog and problems with quality decisions, Buyer
said,
"the increase in disability claims can be directly related to the
increase
in U.S. military operations abroad. Doing more with less is not a
strategy
of success."
"We will need to increase the staffing at both the regional
compensation
office level and at the Board of Veterans Appeals to attack this
backlog and
prepare for the anticipated increases in additional claims," Buyer
said. "I
look forward to working with Ranking Member Lane Evans, veterans
groups, and
the Administration to come to a viable solution to resolve this
pressing
concern."
Testimony provided by:
Panel 1: William B. Jones, M.D., Col., United States Air Force
Reserve
(Ret.)
Panel 2: Mr. Ronald R. Aument, Deputy Under Secretary for Benefits,
VBA
Honorable James P. Terry, Chairman of Board of Veterans' Appeals
Panel 3: Mr. Donald Mooney, Assistant Director for Resource
Development
Veterans Affairs and Rehabilitation Commission at The
American
Legion
Mr. James Doran, National Service Director of AMVETS
Mr. Brian E. Lawrence, Assistant National Legislative Director
for DAV
Mr. Blake Ortner, Associate Legislative Director of PVA
Mr. Quentin Kinderman, Deputy Director, National Legislative
Service VFW
###
VETERANS RESOURCES NETWORK
http://www.valaw.org
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