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Va Misses Spine Cord Dysruption, Sees Only "herniated Disc" How To Enlighten Them With All The Available Proof?
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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
SCIDVET
Dear Hadit,
Thank you!
I came here with one purpose over the years: to try to understand where I fit into VA claim system.
My latest council is genius and took a relative pea-shooter and shot the truth at the court WITH GREAT PRECISION. I am burning my feet hopping up in the air, trying to get Counsel to see "Man I have an Abrams behind you, Awacs above, and half the fleet in the water to your right! (translation: I told the truth for LIFE and it is all proved now, so totally- BLAST THE LIES like so many paper napkins in a firestorm so the court understands what harm it does allowing this to continue! (with the truth, the story, the evidence)
I am pretty sure I have just lost my counsel, I wrote him too much, (like in here?) about "How I got stuck for 30 years into a time-trap called VA Claim Processing" and how HE HELPED ME SEE THE WHOLE THING CLEAR FOR FIRST TIME TODAY (this last week).
Now I know I just plain do not fit- there is no CFR for "Spinal poisoning and arachnoiditis by doctor" and every good or other doctor is faced with choice in my case to "overlook and treat" or plainly document what they see. All doctors document what they see. The Veterans Administration has no pigeon hole for the true disease.
One member has helped me state what is happening more clear and with less confusion:
"The Veterans Administration has let the monster of Arachnoiditis hide within the relatively nominal herniated disc, the original problem. They let TREATMENT hide from me as well, so money is not everything here! Please Please note! (Money can buy competent medical care though!)
I have tried to explain how each email I send is relevant to "Effective date EARLIER THAN July 1990" and nothing else. But try to describe a volcano when you are at it's base- you can barely see the mountain you stand beside! It is the same with me and this matter. I need help with it.
So please, everyone with real acumen, please review my posts here, see what am trying to reveal. I dont want ten grand and a new legal problem, I want the whole case resolved as any one would be entitled.
Thank you I will no longer elaborate as this may cause my posts to be deleted as they are hard to follow.
I understand
Mike aka SCID Vet
Edited by SCIDVETLink to comment
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