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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
RetiredVet
When I received the VA's standard yearly I notice they did not have my P&T on it. So I sent them a letter through my senator asking them why this was not on it. (I sent it through my senator since my last four letters sent by mail for the clothing allowance they say they never got).
The VA's reply is that I am not P&T and I am scheduled for a review in June. They also said if I was P&T I would not be scheduled for the review.
So I sent them a copy of my award letter stating I was given P&T 6 years ago. I was already 100% IU before the DAV had requested the P&T rating for me. The VA replied that the P&T was in error. It has been six years now since I got the P&T rating.
The person I normally speak with at the DAV is gone for a few weeks so the person I spoke with had no idea what is going on. She did say when she called back that the VA states they have stopped my wifes DEA. This will also stop my waiver for S-DVI premiums I got for being P&T and affect other things.
The girl at the DAV also said they told her my 100% IU rating was right. Then she suggested I just wait for my review in June.
The DEA and VA insurance people stated in their approval letters that they had checked with the VA and verified I was P&T. I sent copies of those also so they would see I am not the only one that knows I was in fact rated P&T.
Both replies were faxes sent to me through my senator and not signed by anyone.
The VA gave no reason for doing what they did or said anything about how I can appeal. No other notice given and only after I sent them a copy of the P&T paperwork they stated that it was an error. It seems they also did not think I still had mine.
They also just decided on this according to the girl at the DAV and they let her know they have stopped everything.
I get all my medications through the VA. I see a VA doctor every month for one of my meds because it can only be issued 30 days at a time. I see local psychs, but get both my psych meds from the VA. I see the VA social worker about twice a year and she refills my meds. I got a letter from my VA doctor in 2006 stating that I am not now nor will I ever be able to work. I got that in case I needed something for ILP.
I was told this letter is too old for them to use. So I need to get a new one according to them. But that should have shown the VA that my VA doctor still agreed that my condition was permanent and total and that they made no error.
So I don't know what to do. Should I file a NOD? My wife wants me to go see my psych as soon as I can because I am losing it.
Even if I file a NOD they have already stopped everything. I just don't know what to do.
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