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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
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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
SSGmajik
For those who may not be familiar with the acronym BOHICA, it's what the artillery used to paint on their shells... (Bend Over Here It Comes Again).
The good news is that the Senate passed S. 2617 (a "gimme" every year) that guarantees vets a cost-of-living allowance (COLA) increase in their VA disability checks in 2009.
The bad news is that the Congressional Budget Office (CBO) projects that increase to be just 2.8%.
A 100% disabled vet now getting $2,527 a month can expect an extra $70 a month...not quite a tank of gas.
Thanks, Uncle Sugar!
Information comes from a Sen. Daniel Akaka (D-HI) press release. Akaka is the Chairman of the Senate Committee on Veterans' Affairs.
Akaka press release here...
http://www.vawatchdog.org/08/scva08/scva073108-1.htm
Press release below:
addthis_pub = 'vawatchdog';
-------------------------
DEMOCRATIC PRESS RELEASE
July 31, 2008
SENATE UNANIMOUSLY APPROVES COLA INCREASE FOR DISABLED VETERANS
WASHINGTON, D.C. - U.S. Senator Daniel K. Akaka (D-HI), Chairman of the Veterans' Affairs Committee, issued the following statement regarding the Senate's passage of S. 2617, the Veterans' Compensation Cost-of-Living Adjustment Act of 2008, last night by unanimous consent.
"I commend my colleagues for passing the Veterans' Compensation Cost-of-Living Adjustment Act of 2008. Many veterans and their survivors count on these monthly payments to get by, and in these hard times, we must not allow rising costs to eat away at their spending power. For veterans and their survivors who rely on their compensation, including nearly 18,000 served by VA's regional office in my home state of Hawaii, this COLA is the least we can do," said Akaka.
S. 2617, introduced by Senator Akaka, will adjust veterans' compensation rates to keep pace with inflation, effective December 1, 2008. According to recent data provided by the Department of Veterans Affairs, this increase will go to 2.8 million veterans and over 300,000 surviving spouses receiving dependency and indemnity compensation.
The bill now moves to the House of Representatives for their consideration. While this year's cost-of-living increase has yet to be determined, the Congressional Budget Office has projected a 2.8 percent increase. Last year's increase was 2.3 percent.
Thank you to all who are serving or have served our great country!
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