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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
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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
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
Hoppy
I will be researching this problem. Any help will be appreciated.
The RO recently denied a claim and presented evidence against the claim that stated that the veteran had been diagnosed with a personality disorder and then cited 38 C.F.R. §§ 3.303©,Personality disorders are not diseases or injuries in the meaning of applicable legislation for disability compensation
purposes.
The problem with this argument is that the DSM II diagnosis of asthenic personality is obsolete. Considering that the DSM II was replaced twenty nine years ago the VA should have been able to train their adjudicators on the fact that a DSM II has no value when determining the outcome of a claim. A competent adjudicator should be aware that current law requires that consideration be given to the DSM IV. When citing and giving weight to DSM II diagnoses it should be noted as obsolete in any reference to such diagnoses by an adjudicator. Failure to note that a DSM II diagnosis is obsolete gives a false prima fascia representation that denial of a current claim is some how justified by the presence of an obsolete diagnosis. The adjudicator’s reference indicating that weigh is given to the asthenic personality disorder and citing laws pertaining to personality disorders should be prohibited. This same situation could be considered gross incompetence or a misrepresentation of a material fact and could be considered fraud under civil law.
The mere fact that a veteran’s claim involves a DSM II diagnosis should be cause for reconsideration and a C&P for the purpose to resolve any potential diagnostic complications caused by changes in diagnostic criteria between the DSM II and the DSM IV. Such re-evaluation should be required in original claims and claims to re-open an old claim.
It is not a question of whether or not there is a corresponding diagnosis in the DSM IV that can be applied. The problem is that the entire diagnostic criteria changed. The DSM II used what is called a psychodynamic diagnostic criteria. The DSM IV uses a medical model for making diagnoses. The DSM II was considered problematic and resulted in a lack of consistence in the application of diagnoses.
Who does this involve? General Council, inspector general, congress. This BS needs to stop. If anyone has heard of any issues I addressed and what agency has been involved in anything like this let me know.
I am especially interested in compelling laws to schedule C&P exams to resolve the potential changes in diagnoses. I want to make such exams mandatory and not a choice when a veteran has both a post service diagnosis of any mental condition and an inservice mental condition that was diagnosed on any previous version of the DSM.
Hoppy
100% for Angioedema with secondary conditions.
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