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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
allan
<H2 class=date-header>Friday, December 19, 2008</H2><H3 class=post-title><A href="http://vnvets.blogspot.com/2008/12/reaction-to-dr-phil-show-on-veterans.html">Reaction to the Dr. Phil Show on Veterans </H3>
The Doctor Phil show just ended. Like many Americans, we wept at many of the segments, and felt anger at the entire situation.
But we were not surprised one bit about the problems identified as resident in the Department of Veterans Affairs. After all, we have been experiencing this for many years now. The problems identified are not new. What was new was the format in which those problems were presented.
It was not a news show. We did not get a 2 minute sound bite, we got nearly an hour [less commercial time], and real Veterans discussing their issues. And the experts, Chairman Bob Filner of the House Committee on Veterans Affairs, and Fox News expert Colonel David Hunt were there to cement the credence of what the public was hearing, and the degree of severity of what was being presented.
We have been calling for criminal charges against DVA leadership for several years. It was satisfying to finally hear such personages as Colonel Hunt, and Chairman Filner, and later, Dr. Phil, actually call the DVA's actions criminal. And listening to Colonel Hunt call for a "perp walk" to wake the nation up to what the DVA has been doing for decades elicited a leap out of the chair and a "YEAH!" loud enough to set the dogs barking.
Most of all, we were pleased that Dr. Phil promised to keep the issue of DVA incompetence at the forefront. That sounds like an opportunity, and we may be able to get our issue onto a second version of the show.
We need to get the public informed of our plight. We need the public to support our proposed legislation. And most of all, we need to make sure we do not become politically triaged out of the benefits system.
So, in addition to your campaign to get support from your "Congresscritters" while they are home on recess [they go back for the January 6th swearing in of the 111th Congress], we should get started emailing Dr. Phil to follow up by telling our story. He was outraged at what he saw and heard today, even to the point of chastising himself for not doing this show earlier. Perhaps we can keep the momentum up by getting him to do another show.
Here is the link to contact the Dr. Phil Show.
http://www.drphil.com/plugger/respond/?plugID=9164
Turn to, folks!
VNVets
http://vnvets.blogspot.com/2008/12/reactio...n-veterans.html
Edited by allanLink to comment
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