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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
Jerrel
Office of Congressman Mike Thompson (D-CA)
Office of Congressman Denny Rehberg (R-MT)
FOR IMMEDIATE RELEASE:
May 1, 2008
Thompson and Rehberg Fight for Veterans Unknowingly Exposed to Toxic Tests in 60s and 70s
WASHINGTON – Today, Congressmen Mike Thompson (D-CA) and Denny Rehberg (R-MT) introduced legislation that would provide healthcare to veterans who were unknowingly subjected to biological and chemical weapons tests conducted in the 1960s and 70s.
The existence of these tests, known as Project 112, including Project SHAD, was denied by the Department of Defense (DoD), despite reports from participating veterans that they were being stricken with unusual diseases. The DoD now acknowledges that the tests took place, but the Veterans Administration (VA) will not provide these veterans with health benefits and compensation for their diseases. The Thompson-Rehberg legislation would require the VA to assume the toxins used in the weapons tests caused injury to the veterans, making them eligible for medical benefits and/or compensation for their conditions.
“For ten years, I’ve been fighting to get the government to acknowledge that these extremely dangerous tests made some of our brave veterans sick and even caused some of their deaths,” said Thompson. “These men risked their lives for their country, and in return, their government treated them like guinea pigs and has for years turned its back on them. This legislation will make sure they don’t have to wait any longer for the help they need and deserve.”
“Project 112 is one test the Department of Defense has undoubtedly flunked,” said Rehberg. “Now, these brave men and women who served our country have been left to suffer. These veterans deserve quality healthcare and recognition by their government that it understands what they’ve had to go through. This bill is a great step toward that.”
Project 112, which included Project SHAD, was conducted between 1963 and 1973 by the Department of Defense and other federal agencies. During these projects, a number of weapons containing chemical and biological agents such as VX nerve gas, Sarin Nerve Gas and E. Coli were tested on unknowing military personnel.
Normally, a veteran must provide proof of a connection between service and the health condition being claimed. This bill would provide veterans of Project 112 a “Presumption of Service Connection,” which means that the VA presumes the relationship between service and a health condition is based on the other criteria, such as dates and location of service. For example, veterans exposed to Agent Orange during the Vietnam War are already given a “Presumption of Service Connection.”
In addition, this bill instructs the Secretary of Veterans Affairs within 180 days of enactment to notify all veterans of potential exposure to the biological or chemical weapons used in Project 112 and Project SHAD. A Government Accountability Office report (GAO-04-410) issued in May of 2004 concluded that a substantial number of veterans still remain unaware that tests were conducted on them.
The Thompson-Rehberg legislation has been endorsed by the Vietnam Veterans of America.
Jerrel svr
Elk Hunt Test #65_14_Gerstle River Test Site_Landbase Test_Ft. Greely AK. 1964_S.R.#99_06
"We'll know our disinformation program is complete when everything
the American public believes is false."-- William Casey, CIA Director!!!
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