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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”-
- 0 replies
Picked By
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
Picked By
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
allan
Pass this on to all your contacts…Put in Post newsletters.. Many Veterans, and widows, will never hear about this.
Contact a VSO or an attorney and file, refile, etc for benefits. If you served in Vietnam or other places that AO was used. File…file…
Amyloidosis is a rare and potentially fatal disease that occurs when substances called amyloid proteins build up in your organs. Amyloid is an abnormal protein usually produced by cells in your bone marrow that can be deposited in any tissue or organ.
Amyloidosis can affect different organs in different people, and there are many types of amyloid. Amyloidosis frequently affects the heart, kidneys, liver, spleen, nervous system and gastrointestinal tract.
http://edocket.access.gpo.gov/2009/E9-10627.htm
[Federal Register: May 7, 2009 (Volume 74, Number 87)]
[Rules and Regulations]
[Page 21258-21260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my09-8]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AN01
Presumptive Service Connection for Disease Associated With
Exposure to Certain Herbicide Agents: AL Amyloidosis
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Department of Veterans Affairs (VA)
adjudication regulations concerning presumptive service connection for
a certain disease based on the most recent National Academy of Sciences
(NAS) Institute of Medicine committee report, ``Veterans and Agent
Orange: Update 2006'' (Update 2006). This amendment is necessary to
implement a decision of the Secretary of Veterans Affairs that there is
a positive association between exposure to herbicides used in the
Republic of Vietnam during the Vietnam era and the subsequent
development of
[[Page 21259]]
AL amyloidosis. The intended effect of this amendment is to establish
presumptive service connection for AL amyloidosis based on herbicide
exposure.
DATES: Effective Date: This amendment is effective May 7, 2009.
Applicability Date: The provisions of this regulation amendment
apply to all applications for benefits pending before VA on or received
after May 7, 2009. They also apply to review of certain previously
denied claims to the extent provided in 38 CFR 3.816.
FOR FURTHER INFORMATION CONTACT: Maya Ferrandino, Regulations Staff
(211D), Compensation and Pension Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (727) 319-5847. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: On November 3, 2008, VA published in the
Federal Register at 73 FR 65280 a proposal to amend 38 CFR 3.309(e) to
add AL amyloidosis to the list of diseases presumed service connected
based on exposure to herbicide agents. Interested persons were invited
to submit written comments on or before January 2, 2009. We received
one comment.
Comment
The commenter stated that the proposed rule represents an
ideological shift in disease categorization. The commenter stated that
the proposed rule does not reflect the current criteria for causality
contained in 38 U.S.C. 1116(b), which he stated requires direct
evidence between exposure to an herbicide agent and the occurrence of a
disease in humans. The commenter stated that the evidence that multiple
myeloma and other lymphomas were connected to herbicide exposure was
used by the Secretary to connect AL amyloidosis with herbicide exposure
and that this process by the Secretary reflects a policy of providing
service connection for disease groups rather than for separate
diseases. He noted that section 1116(b) allows for service connection
for a specific disease rather than for a group of diseases. The
commenter stated that should the proposed rule go forward, section
1116(b) and Sec. 3.309(e) should be revised to include service
connection for disease entities and that regulations that refer to
individual diseases should be reviewed and revised. He stated that the
proposed rule could be revised to reflect a presumption of service
connection for all diseases characterized by clonal hyperproliferation
of B-cell derived plasma cells and production of abnormal amounts of
immunoglobulins. The commenter stated that, in the alternative, the
proposed rule should be withdrawn because there is no evidence that
this disease entity is associated with exposure to herbicides.
Response
As stated in the proposed rule, the Secretary's determination
regarding establishing presumptive service connection for AL
amyloidosis is based on NAS' evaluation and its conclusion that there
is limited or suggestive evidence of an association between herbicide
exposure and AL amyloidosis. The Secretary did not make any
determination concerning any disease other than AL amyloidosis. In this
regard, the Secretary has followed the standards in section 1116(b)
regarding establishing presumptive service connection for a disease
associated with herbicide exposure. The comment states that this rule
amends the ``causality'' criteria of section 1116(b). However, as shown
in Update 2006, after quoting the criteria from section 1116(b), ``[the
NAS committee's] congressional mandate and its statement of task are
phrased in such a way that the target of evaluation is `association,'
not `causality,' between exposure and health outcomes.'' Update 2006,
p. 2.
The commenter's suggestion that this rule is contrary to section
1116(b) rests on the premise that the rule implicitly establishes a
presumption for a group of related diseases, rather than for a specific
disease. We do not agree with that premise. As noted above, the NAS and
VA each made a finding specific to AL amyloidosis. As the commenter
noted, the NAS relied primarily upon studies showing that AL
amyloidosis is pathophysiologically related to other diseases that are
currently presumed to be associated with herbicide exposure. That
analysis, however, should not be interpreted to mean that an
association between herbicide exposure and a particular disease
justifies a finding of such an association for all similar or related
diseases. Rather, the NAS and VA necessarily evaluate the body of
relevant evidence for each disease.
The NAS noted that, because AL amyloidosis is a rare condition,
``it is not likely that population-based epidemiology will ever provide
substantial direct evidence regarding its causation.'' Update 2006, p.
474. By statute, the NAS is directed to assess not only statistical
associations based on epidemiologic studies, but also other factors
such as ``whether there exists a plausible biological mechanism or
other evidence of a causal relationship between herbicide exposure and
the disease.'' Public Law 102-4, section 3(d)(1)©. It appears that
the NAS may have placed significant weight on the evidence of biologic
plausibility in this instance in part because it is unlikely that other
forms of relevant evidence for or against an association will ever
become available. However, the determinations by NAS and VA concerning
Al amyloidosis cannot reasonably be construed to reflect a shift in
policy deviating from the requirements of section 1116(b), or to
suggest that epidemiologic evidence is irrelevant to determinations
concerning other diseases.
To the extent the commenter suggests an amendment to section
1116(b), such action would require legislation and is beyond the scope
of this rule. We therefore make no change based on this comment.
VA appreciates the comment submitted in response to the proposed
rule. Based on the rationale set forth in the proposed rule and the
rationale contained in this document, we are adopting the provisions of
the proposed rule as a final rule without change.
Administrative Procedures Act
Substantive changes made by this final rule are required to be
effective the date of issuance pursuant to 38 U.S.C. 1116©(2).
Accordingly, we are dispensing with the delayed effective date
provisions of 5 U.S.C. 553.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule will not affect any small entities. Only VA
beneficiaries could be directly affected. Therefore, pursuant to 5
U.S.C. 605(b), this final rule is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages;
[[Page 21260]]
distributive impacts; and equity). The Executive Order classifies a
``significant regulatory action,'' requiring review by the Office of
Management and Budget (OMB), as any regulatory action that is likely to
result in a rule that may: (1) Have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The economic, interagency, budgetary, legal, and policy
implications of this final rule have been examined and it has been
determined to be a significant regulatory action under the Executive
Order because it is likely to result in a rule that may raise novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any year. This final rule would have no such effect on
State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance Numbers and Titles
The Catalog of Federal Domestic Assistance program numbers and
titles for this rule are 64.109, Veterans Compensation for Service-
Connected Disability, and 64.110, Veterans Dependency and Indemnity
Compensation for Service-Connected Death.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Veterans, Vietnam.
Approved: April 3, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
0
For the reasons set forth in the preamble, 38 CFR part 3 is amended as
follows:
PART 3--ADJUDICATION
0
1. The authority citation for part 3, subpart A, continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
Sec. 3.309 [Amended]
0
2. In Sec. 3.309(e), the listing of diseases is amended by adding ``AL
amyloidosis'' immediately preceding ``Chloracne or other acneform
disease consistent with chloracne.''
[FR Doc. E9-10627 Filed 5-6-09; 8:45 am]
__._,_.___
"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
http://www.angelfire.com/il2/VeteranIssues/
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