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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
deltaj
Could someone put up a link for the following Court of Veterans Appeals case: 07-0262 Darlene S. Cypert v. James B. Peake, MD., Secretary of Veterans Affairs decided January 2, 2009. First, let me state that the version of U.S. Code from 2006 shown online is different from the changes in 38 U.S.C. 3512 made in 2008 by Congress. The old version of 38 USC 3512 from 2006 makes it look like the 20 year time limit for dependents educational assistance is only available to survivors of veterans killed in the line of duty, but the new version may have been misquoted by the U.S. court of veterans appeals in the above case. The case quotes Public law 110-389 section 321 and states possibly incorrectly, "Congress recently amended [38 U.S.C] 3512 to authorize a 20 year delimiting period beginning on the date the veteran's disability was so determined to be a total disability permanent in nature, but only if the eligible person remains the spouse of the disabled person throughout the period." This case Cypert v. Peake quotes a portion of the Veterans Benefits Improvement Act of 2008, Pub. L. No 110-389, 321, 122 Stat. 4145 (2008. The court believes that Congress changed the law so that dependents have 20 years to use educational benefits not 10 years but if you look up public law 110-389 section 321 online you can't get the final law but the proposed text had a 20 year limit for dependents education of veterans who were rated permanently and totally disabled within 3 years of discharge. EVERY SPOUSE NEWLY MARRIED TO A TOTALLY DISABLED PERMANENT AND TOTAL VETERAN SHOULD READ THIS CASE. Darlene Cypert married the totally disabled veteran after more than 10 years had passed from the time he was notified that he was rated permanently and totally disabled and she was denied educational benefits because of that. On appeal she argued successfully that she didn't become an eligible person as defined in law until the date she married the veteran and the court agreed. WHEN REVIEWING THIS CASE AND CONSIDERING THE DELIMITING DATE OF EDUCATIONAL BENEFITS, DON'T FORGET ALSO THAT UNDER 38 U.S.C. 3512 IN THE PAST THERE HAS ALWAYS BEEN A PROVISION FOR EXTENSION BASED ON DISABILITY AND THAT THERE ARE PROVISIONS ON TIME LIMITS FROM THE DATE OF NOTIFICATION. UNDER THE OLD VERSION OF 38 U.S.C. 3512 REQUESTS FOR EXTENSION MUST HAVE BEEN DATED WITHIN 1 YEAR OF THE DELIMITING DATE FOR USE OF BENEFITS AND EVIDENCE SUPPORTING THE EXTENSION MUST BE RECEIVED ALSO. I presume the new version of 38 U.S.C. 3512 has similar provisions but the new law must be reviewed to be sure.
Edited by deltajLink to comment
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