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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
Guest Berta
Only a VARO or BVA decision that is Final can be CUED.
A BVA remand is not a final decision.
If you get a partial remand and one denial still holds at the BVA, then that specific denial could be Cued.
If you get a BVA denial , you also get info as to appealing to the CAVC.
You have 120 days after the mailing date of the BVA decision to file a NOA (Notice of Appeal) with the CAVC. Then you will hear from the lawyers-
Within that time of potential appeal , you cannot final a CUE because the decision could be appealed- therefore it is not final. Once it is docketed at the CAVC a CUE claim on it is technically a moot point.
However the CAVC claimant can raise the issue of errors in the BVA denial.I suggest they read Chapter 15 of the VBM before they do that.And certainly check with their CAVC attorney on this.
Also the claimant (since the CAVC does not consider 'new' evidence- (if you have that it should have been considered by the BVA or the VARO )the claimant can get the CAVC to expand the record by getting them to "take judicial notice"- that is, adding attachments that is technically evidence the BVA did not have.If you get a good CAVC lawyer they will know how to do that.
If the BVA decision has not been appealed to the CAVC within the specific time frame, the only avenue left in this case is a CUE-if there is actual proof of clear and unmistakable error.
The advantage of CAVC is this- I sure do NOT suggest letting that 120 days run out for filing, because you think you can file a CUE anyhow-
The CAVC can catch errors made at the BVA level- such as failure to issue adequate statement to support its decision-or the board used inadequate records, etc.
They do that all the time.
The CAVC could potentially remand the claim-or overturn the BVA decision-
The VBM (2004) makes this point :
"In nearly 70% of all appeals decided on the merits by the CAVC over the last eight years, the Court has, at least in part, reversed the BVA decision or vacated it and remanded it for further administrative proceedings."
The point here is that -if you get a BVA denial and are within the 120 days for filings to the USCAVC, by all means do that and get your docket number.
That is my opinion- dont wait for the 120 days to run out in order to file a CUE on it.
I get emails about CUE claims that are not CUES at all or that have other ways of approach because they are still open claims.
If you feel you have a CUE claim I suggest buying the most recent version of the VBM as the $125 or whatever it costs can easily be absorbed by the knowledge there that can help you succeed in it.
They cite numerous CUE cases that you can find on the net.
Also if you are going before the CAVC that cost can become an asset there too.
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