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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
gdsnide
Rental Guy,
Imagine U don't remember this one specific post so I posted it below to refresh your memory.
Another item I wish to inform U of is that when I was on Pension I was rated with A & A.
Had to go on Pension because in 1995 or 1994 I was running my own small const company & had been doing same for about 25 years. But I was shot out of the saddle because I had Status Epilepticious for 12 hours straight & had to be transferred to a Neurology Hospital as the one I was in couldn't stop the damn things.
Bet I burnt up a lot of Neuro Transmittors that day. HA
Had not been to the VA Hospital since leaving the Military in 1967. Wrong, was in there once for about 3 days because of these damn Seizures & was not even aware I could apply for SC at that time.
I imagine this will be a postive item but do U think that it is a lot more convincing as I was on A & A on Pension.
Thank U for your time.
GARY
rentalguy1 View Member Profile ipsmenu.register( "post-member-99590", '', 'popmenubutton-new', 'popmenubutton-new-out' ); Jul 25 2008, 07:23 PM
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#2Senior Chief Petty Officer
Group: Chief Petty Officers
Posts: 1,235
Joined: 19-October 07
From: Bristol, TN
Member No.: 3,146
Service Connected Disability: 90%
Branch of Service: USA
It sounds like you have a very good chance of winning, Gary. We never know exactly what the VA will do, but you bombarded them with the correct evidence from the beginning, so it has a better than fair chance at success.
<A href=http://www.hadit.com/forums/index.php?showuser=344">gdsnide View Member Profile ipsmenu.register( "post-member-99581", '', 'popmenubutton-new', 'popmenubutton-new-out' ); Jul 25 2008, 05:45 PM
Post
#3Chief Petty Officer
Group: Chief Petty Officers
Posts: 262
Joined: 18-September 05
From: Missouri
Member No.: 344
Old WebBoard Name: gdsnide
OK I have a question on A & A
I suffer from Epilepsy & need some one with me all the time as I am liable to have a seizure at any time.
Also, I can't drive, my short term memory is shot & am always losing things as I can't remember what I did with them.
I put in for A & A & every Doc I see at the VA wrote an Opinion that I need A & A.
Docs include Shrink,Psychologist,Neurologist,Primary & an IMO from a Neurologist.
Does this sound like a good claim?
Also, I am 100% T & P because the Epilepsy was caused in the Military.
If anyone thinks this claim may win ( Sent it in June 4) could said person give me an idea of the money I may get.
Also, have been diagnoised with Dementia by the Shrink,Neuroligist & Psycholigst. Psycholigist said it was getting worse & I needed A & A 24 hours a day.
THANK YOU for your time.
GARY
gdsnide
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