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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
kluender
I'm not sure which way to go with this claim. I'd appreciate any and all help. This is how my decision reads from a request for chronic cough dated April 22, 2008:
Service connection for acute respiratory condition (claimed as chronic cough) is denied.
Copies of service treatment records provided by you showed initial treatment for complaints of coughing in March 1987. During this time, you denied having any symptoms of an upper respiratory infection, fever, sweeats or allergies. Assessment provided was a cough possibly due to allergies or a viral infection. Medication was prescribed for relief. You continued to submit complaints of coughing and the examiner assessed your condition as an upper respiratory infection. X-rays taken in July 1987 were normal. No other treatment is shown. You also noted a history of coughing for one year in duration during your retirement examination conducted on October 26, 1998. No chronic disability is shown for VA purposes. Seasonal and other acute allergic manifestations subsiding on the absence of or removal of the allergen are generally to be regarded as acute diseases, healing without residuals. The determination as to service incurrence or aggravation must be on the whole evidentiary showing.
The medical evidence provided by you to include treatment records from ____VA Medical Center were also reviewed and considered. Although treatment is shown for complaints of acute respiratory condition due to pneumonia and a sinus infection, no chronic condition is shown for VA purposes.
In our Veterans Claims Assistance Act (VCAA) letter dated April 28, 2008, we asked you to send us evidence showing your condition existed from military to present. As of this date, no additional evidence has been received relating to this fact. On June 26, 2008, we received your VCAA Notice Response indicating you had no other information or evidence to give us to substantiate your claim and that we should decide your claim as soon as possible.
Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.
A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Although there is a record of treatment in service for acute respiratory condition (claimed as chronic cough), no permanent residual or chronic disability subject to service connection is shown by the service treatment records or demonstrated by evidence following service. Therefore, service connection for acute respiratory condition (claimed as chronic) as denied.
What I submitted with my claim was a list detailing 19 visits to military doctors for coughs with throat clearing beginning in 1979 thru February 2008. During some of these visits I had bronchitis, pneumonia, and I believe acute sinusitis. I provided copies of each doctor visit. I suffer from daily constant coughing and throat clearing so bad that this is the way my husband and children find me in stores. Also, when in public I constantly get stares from strangers who think I'm being rude because of constant throat clearing. The coughs also cause headaches. I've also been diagnosed with reflux for the past 3 years. A military doctory told me about 2 years ago that my cough is caused by my reflux, but I can feel constant drainage from my sinuses. My ex-allergist said 2 years ago that she didn't see any drainage and felt my cough might be caused by reflux. The problem is that I wasn't diagnosed with reflux while in the Army when all this started. I am service connected for allergic rhinitis/hives at 0%. At one time I had allergy shots. My sinus scan only shows slight abnormality. I'm not service connected for sinusitis, but my military records reflect times during doctor visits that sinusitis was suspected but ruled out.
Thanks
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