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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
pilgrim01
I retired in Nov 08. I filed for disability under the "pre-discharge program" in mid-August. One of my claims is that I had a problem with "tingling/numbness" from lower back down the back of my right leg to my foot. I haven't received a decision yet, BUT I had to go back to the doctor last week because the numbness/tingling had came back again. I had an X-RAY done on my lower back. The results were as follows....
"Lumbar vertebral bodies display normal height and alignment. Disc space narrowing is moderate and in extent at L5-S1. Multilevel spondylosis is seen. The sacroiliac joints appear within normal limits. The L5 vertebral body appears partially sacralized bilaterally."
Now, the doctor schedule me for a MRI so she can see if this "problem" is pinching a nerve or something. She also put me on Celebrex and Neurontin.
Should I wait until a decision is made on my current claims and then appeal or submit now? I don't know what to do? My current claim just says "foot numbness condition" for this condition. Please help and Thanks! Below is my IRIS responses....
On Feb 3rd the IRIS response said......
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After review of your files, we see that your claim is “Ready for Decision.” Your claim is with the rating specialist at this time. Generally the rating specialist will take 60 days to reach a decision. After the decision is reached, it is reviewed, updated in our system, the updates are reviewed and authorized. Once it is authorized, a letter is sent to you explaining our decision.
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And on Feb 23rd the IRIS response said......
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This message is in response to your inquiry regarding the status of your claim. Your claim went to the Rating Board on December 4, 2008. The Rating Board will review your file and make a decision on service connection and disability percentages. We are unable to give you a timeline when they will review your file as we do not know their caseload. After a rating has been established, your file will go to the authorization department for verification and review.
Once you have been approved a rating you will be paid retroactively from the date of your claim for any benefits you may be entitled to based on your rating. We appreciate your patience and understanding as we work our way through the claims processing procedures. You will receive notification via US mail once your claim has been finalized. Your notification letter will explain our decision in detail.
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