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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 rating
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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.
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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.
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Lemuel, -
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Question
purple
This story was sent to me by another woman veteran....disturbs me greatly that a woman, with that much "power" in the Pentagon would say something like this, and it was obviously covered up, well not anymore! I've also passed this along to Jim Strickland and asked him to make it public in his special way!!
Time to send Ms Whitely some correspondence, don't you think?..........
25% increase in sex assault in combat zones: 'Wait until she's sober,' says Pentagon watchdog
BY Richard Sisk
DAILY NEWS WASHINGTON BUREAU
Updated Wednesday, March 25th 2009, 12:44 PM
The Pentagon is launching a sex assault prevention camapign which advises soldies to "ask her when she's sober."
WASHINGTON - It didn't get the attention of President Obama's recent Special Olympics. gaffe, but a "wait until she's sober" crack by the military's top sex crimes watchdog was more offensive, one New York lawmaker says.
"This woman is not in the right line of work," Rep. Louise Slaughter (D-Rochester) said of the statement last week by Dr. Kaye Whitley, director of the Pentagon's Sexual Assault Prevention and Response Office.
Whitley's bizarre quote came as she released the military's annual report on sex assault, which showed a 25% increase in combat zones, including 22 cases in Afghanistan and 143 in Iraq.
In pitching "bystander intervention" to curb attacks and harassment, Whitley gave this example: "If you see one of your buddies serve drinks to somebody to get them drunk, maybe what you do is step in and say 'Why don't you wait until she's sober?'"
Slaughter was aghast. "I was really shocked anyone would say a thing like that," she said.
In effect, Whitley was telling the troops to "go after her when she's sober - that says she's fair game," added Slaughter, who sponsored the legislation that required the military to report annually on sex assaults and its efforts to curb them.
In a written response to The News, Whitley said Slaughter did not "hear the statement in the context of the overall prevention strategy of the Department."
The statement came from a poster in a military marketing campaign called "Our Strength is for Defending" that is aimed at prevention, Whitley said.
The poster reads: "My Strength is for Defending, so when I saw that she was drunk, I told him, 'Ask her when she's sober.' Preventing sexual assault is part of my duty."
Whitley's annual report showed that the number of sex assaults in the 1.4 million-member active-duty military increased 8% to 2,908 in the year ending in September 2008.
Whitley noted that only about 20% of the attacks are reported because of "the fear and stigma associated with the crime."
Just 38% of the cases that were reported eventually were referred to a court martial, she said.
"This is one of the problems," said Rachel Natelson, a lawyer at the Veterans and Servicemembers Project of the Urban Justice Center in Manhattan. "It's a lack of consequences. People think they can act with impunity."
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