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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
carlie
I'm looking for the entire document of the McDowell Rape Checklist.
I used to have it (got it at vetwow), but it is on my old broken computer.
If anyone can find, copy and paste it or send it as an attachment I would
really appreciate it.
This checklist was supposed to be discontinued in 1997, but it has not been
and is still used in some places as a part of rape investigations.
This is not new information but it still blows my mind.
Here are some excerpts I was able to find.
Thanks,
carlie
http://www.refusingtokill.net/rape/WhyCanada.htm
Since 1970, the Pentagon has implemented what has come to be known as the McDowell Rape Checklist.
Edited by carlieThis checklist was trained to and must be followed by every military criminal investigator.
Using this checklist any legitimate rape victim's testimony was and is inadmissible.
[see below facts from McDowell Checklist – available upon request]
Lt. Colonel Charles P. McDowell's first premise is that of all reports of rape by military women: 60% of all rape allegations are false reports, despite FBI's national civilian statistics of false reports as only 8%.
- This despite the fact the women have pasted a myriad of mental, physical, psychological background checks and have security clearances.
McDowell's Questionnaire includes 57 Questions
(each answer per question is weighted at 1/2 to 5 point per answer)
[*]Actual McDowell Rape Checklist Questions & Points Given for Answers: Y = if, Yes
response given by victim, N = if, No response given by victim.
o Does the victim report being intoxicated at the time of the assault?
[if Yes, 3. points]
o Does the victim report offering vigorous resistance to the assault?
[if Yes 3. points]
o Does victim report passing out or losing consciousness during the assault?
[if Yes, .5 pts]
o Does victim report anal sex?
[if, No = 1. point]
o Does victim report forced oral sex?
[if, No = .5 point]
o Does the victim report being assaulted at gunpoint?
[if, Yes = 3 pts]
o Does the victim report being assaulted by multiple assailants?
[if Yes = .5]
o Does the victim report her assailant wore a mask?
[if, Yes = .5]
o Does the victim report her assailant wore gloves?
[if, Yes = .5]
[*]
[*]Pentagon & McDowell Scoring System: Victim MUST score Below Zero
[*]to be considered Telling the Truth! Here is McDowell's Scoring System:
o 0-16 Equivocal {evasive, ambiguous, uncertain outcome, of doubtful nature}
o 16-35: Allegation probably false
o 36-75: False allegation
o 76 + up: Overkill
[*]
[*]After McDowell information was initially known in 1997,
[*]the Pentagon's assurance advocates that McDowell's checklist was discontinued.
[*]
[*]Yet, McDowell was promoted to Colonel provided a special position in the Pentagon, he still travels and provides his training nationally in civilian circles and potentially internationally.
Carlie passed away in November 2015 she is missed.
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