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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
Jak
Hi folks. I have an appointment with a VSO on March 17th and am trying to gather information and as much data as I can about claims. I am, however, stuck on a situation with how to proceed with proof and case for infertility.
Here's some background on me with this: I served in the army for 7 years. (1990-1997) Throughout this time, I had episodes of irregular bleeding. For instance, following a "Post run" (every unit participated in this), I had a situation where I had severe cramping w/bad back pain and was bleeding. Being newly married, I thought I was having a miscarriage. I was driven to the medical facility where they tested me for pregnancy and when my lab results returned negative, I was diagnosed with possible "pelvic inflammatory disease" or UTI. Which, by the way, was extremely insulting to me since my husband (whom I am still married to) was my 3rd and final partner so I don't or didn't consider myself to be a promiscuous woman.
So the above is an example of what happened to me the entire time of my service until the end when I finally requested to be seen by OB/GYN for possible infertility. Keep in mind that, well, I don't know a woman that would "request" this type of examination unless there were concerns. Anyhow, at my examination, once I mentioned that I had concerns considering my husband and I weren't taking precautions to prevent pregnancies that I wasn't sure if I could have children. The captain basically dismissed my concerns by telling me that my reproductive organs were all in tact. That was the end of that.
In 2002, I finally was referred to an infertility doctor and after having a hysteroscopy, tubal ligation and finally laparoscopy diagnosed me with severe endometriosis with lysis of adhesion on my right fallopian tube and adhesion of my left fallopian tube to my left ovary. My doctor then put me on depo lupron to cease six months of my cycle in hope that by giving my body a break that it would heal itself. The lupron didn't work and we discussed IVF as the only way I could conceive. I was 33 at the time. The process of diagnosis pretty much emptied my bank account. I'm sharing this information with you so that you'll understand that money was the only reason of delaying my IVF attempt.
It took me three years to save the money for the IVF treatment and costs. From 1997 to 2005, I went experienced anger, disapointment, guilt, basically, in general just a ticked off woman. I don't know if I have a claim for this. I don't know if it's even fair for me to say that had the military diagnosed me correctly, that my symptoms would've been treated and I would've been a mom at a much younger age. In 2006, my twin sons were born but at the expense of all aspects of my life. I've been told that children conceived thru IVF may also be infertile due to the forced process so, my sons may never have children. Or at least I won't know until they start trying. Imagine the mental and physical pain I went thru to have my sons and now add guilt on top of all of it.
What do you guys think? Do I have a claim? Do I stand a chance? Thank you for reading this. I look forward to your suggestions, comments and any advice you may have. BTW, I do have all of my records of "irregular bleeding" in my service record as well as all surgery and files from my infertility doctor. I apologize if I've posted in the wrong board.
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