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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
free_spirit_etc
I received my VCAA notice in June 2007. I kept asking for an extension of time to submit evidence, due to the VA NOT sending me a copy of my husband's C-file until right BEFORE that deadline - though I had requested it in June 2007.
I never heard one way or another on the extension - though I asked several times. So I DID submit the addtional evidence I HAD by CERTIFIED mail - BEFORE the deadline.
I also sent an IRIS that informed them of the certified mail being sent - and outlined what evidence I submitted - PLUS I informed them I sent them a copy (as they requested) of the Doctor Report - of which I only had the front page - and I was requesting the back page - as this is the medical report that was used to deny my claim.
We had a few more IRIS back and forth about that - They asked for the DATE of the medical report, I told them - the copy I SENT you didn't HAVE a date - THAT is one of the problems - there is NO date OR signature on the PART of the report I had.
I also informed them I had not received any decision on my request for extension - and that I had sent evidence by the one year deadline - but still wanted an extension for an IMO - AFTER the send me the rest of the doctor report.
They told me I had no active claims except for the burial claim. I have a few IRIS back and forth asking about THAT - and letting them know I had sent the evidence within one year - and I thought it would be readjudicated.
They just kept telling me that I had one year to file an NOD - but NEVER mentioned they did NOT receive the evidence I refered to (BY CERTIFIED MAIL RECEIPT NUMBER) in my IRIS.
And we played around with the getting the rest of the doctor report - again, with several IRIS about the CERTIFIED MAIL RECEIPT NUMBER. They finally said they had forwarded it to the Privacy Officer to get my a copy.
Still - No copy.
I followed up with an IRIS.
Was told they did NOT receive the copy I said I sent.
No one MENTIONED that in all the IRIS a couple months ago - when we were discussing the certified mail package I sent.
And they STILL keep telling me I have to file an NOD - and fail to acknowledge my requests to have my claim readjudicated as I sent additional evidence within one year.
SO when they said they didn't have the copy of the partial doctor report I sent - so they could find the rest of the report - I asked point blank - Do you have the OTHER evidence I sent in the SAME package. I even copied and pasted some of the previous IRIS where I had informed them that I sent the stuff - and the receipt number.
Got my response today.
"We carefully reviewed your file and we have no record of the information you submitted on 6-09-08. If you have additional information to submit, please resubmit by regular mail. It is not necessary to send it certified mail, sending certified mail does not offer any real advantage.
If you wish to appeal our decision, you have one year from the date of our notification letter to submit your Notice of Disagreement and initiate the appeals process. Submitting additional information will not start an appeal and we have not received the information you sent."
WHAT???
They are saying they do NOT have the evidence I sent by CERTIFIED mail - but now want me to resubmit it by REGULAR mail as "sending certified mail does not offer any real advantage."
What is that?
I am concerned because I sent evidence in regard to my son's disability / dependency in that packet. Now they will say they did not receive it within a year.
What is this stuff about sending it by certified mail offering no advantage?
They have lost my husband's dscharge physical. They have lost my burial claim. They have lost my father-in-law's burial claim. They have lost all the evidence I sent in June 2008 - and the copy of the parital doctor's report - and they are telling me to send things by REGULAR mail????
I am hoping that my certified mail receipt AND all the IRIS that I told them what I sent - gave them the receipt number - and they never mentioned they didn't get it until now - will help establish I DID send it.
And should they be advising vets/ dependents to NOT use certified mail (especially when they lose the certified stuff)?
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