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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
allan
Subject: [VeteranIssues] Report citing veteran extremism is pulled
Date: May 14, 2009 12:22 PM
Napolitano got the message?
Thursday, May 14, 2009
http://www.washingtontimes.com/news/2009/m...mism-is-pulled/
Report citing veteran extremism is pulled
Audrey Hudson (Contact)
A contentious "Rightwing Extremism" report that warned of military veterans as possible recruits for terrorist attacks against the U.S. was not authorized, has been withdrawn and is being rewritten, Homeland Security Secretary Janet Napolitano told Capitol Hill lawmakers.
"The wheels came off the wagon because the vetting process was not followed," Ms. Napolitano told the House Homeland Security Committee on Wednesday.
"The report is no longer out there," she said. "An employee sent it out without authorization."
The report was shared with state and local law enforcement officials nationwide via the department's internal Web site on April 7, angering Republican lawmakers and military veterans who said it unfairly stereotyped veterans.
Ms. Napolitano did not say when the report was taken off the "intel Web site" and all Homeland Security Department Web sites, but she said it is in the process of being "replaced or redone in a much more useful and much more precise fashion."
Rep. Christopher Carney, Pennsylvania Democrat, said that as a veteran he "took offense personally," and his constituents were offended by the report as well.
"It really hit home hard to me and in our district," Mr. Carney said. "It's not a good start when I go to town hall meetings and I hear people calling for your resignation."
Ms. Napolitano said the report titled "Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment," is not the only report she has seen that says veterans are targets for recruitment by racist and other hate groups.
"It was an assessment, not an accusation," Ms. Napolitano said.
"It didn't say that," Mr. Carney interrupted.
"That's right," Ms. Napolitano responded. "That is why it should not have gone out."
Asked whether the person who wrote the report is still employed, Ms. Napolitano said, "Appropriate personnel action is being taken."
Rep. Peter T. King, the ranking Republican on the committee, said the report "made an impression" in his New York district as well.
"I don't think it reflects well on the department, and I know you want to address it," Mr. King said.
David K. Rehbein, commander of the American Legion, said the withdrawal of the report "validates our objections."
"It did not contain any evidence," Mr. Rehbein said. "It was an unfair and unsubstantiated stereotype based on Timothy McVeigh."
The report also said "rightwing extremism" may include groups opposed to abortion and immigration, among several other threat assessments.
In March, the department issued and recalled within hours, a lexicon of key terms and phrases used by Homeland Security analysts "that addresses the nature and scope of the threat that domestic, non-Islamic extremism poses to the United States."
Whites and blacks, Christians and Jews, Cubans and Mexicans, along with tax objectors, were among several political leanings listed in the "Domestic Extremism Lexicon." Both reports were prepared by the department's Office of Intelligence and Analysis.
"Some things in my initial days have gone very well at the department, some things have not. And that was probably the worst thing," Ms. Napolitano told the House Appropriations subcommittee on homeland security on Tuesday.
"It was not authorized to be distributed. It had not even completed its vetting process within the department. It has been taken off of the intel Web sites and the lexicon that went along with it was similarly withdrawn," she said.
"Neither were authorized products, and we have now put in place processes. And it turned out there were really no procedures to govern what went out and what didn't before, and now there are. I do not want to see a replication of that," Ms. Napolitano said.
"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
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