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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
saginaw
Can anyone tell me who would be the most appropriate govt or non-govt contact to pursue the following matter through?
Last year I had a pretty uncomfortable relationship developing with a care giver at my local VA who had a pretty unseemly (in my opinion) focus on the depression med Effexor. This doctor is the head of the mental health unit at this outpatient clinic. He had a little flyer that he'd personally printed out showing a hierarchical layout of most common antidepressants with Effexor at the top of the 'tree'.
He had originally agreed to see me in an initial visit in response to my questions regarding another medication. Almost immediately he was dissuading me from any consideration of the other med, and steering me very avidly toward Effexor. I cannot quite describe his manner except to say that he reminded me very much of a channel tv infomercial vendor. Effexor, Effexor. He was almost giddy about it.
Even then I wondered if he might have ulterior motives for pushing this single medication, but I dismissed any suspicion on the grounds that he was so highly placed in the clinic that he wouldn't possibly risk exposure of something like this.
So recently I discover in the papers an investigation into the questionable ethics of this rather widespread relationship between doctors, often very prominent doctors, and the drug companies. Well beyond coffee cups and inkpens or even ski vacations, these doctors are getting caught taking under-the-table cash to avoid both the taint of unprofessional conduct, and federal taxes! The chief medical correspondent of one of the media giants (cnbc, cnn, fox, or something or other) was caught redhanded.
I suddenly wondered again if this doctor I'd seen, for a genuine inquiry into the possibility of another medication, might simply have been 'selling' me Effexor. If this is possible I'd be greatly pissed! Heading up some of the investigations was the office of Sen. Chuch Grassely of Iowa. I sent him two letters concerning this and have yet to receive any response over a month later. I must be just another cracked-pot Veteran I guess.
Now where? I've not entirely comfortable taking something of this level to the patient advocate whose office is in the same building. She's a great person, and has been very square in the past. But I wonder if I'd be unwise to pursue something of this magnitude "internally".
Thanks so much for the great forum!
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