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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
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
Guest Jim S.
I think we should have a topic for ragging the different VARO's Offices and SO's out thier.
I just got a copy of the memo my DAV SO sent to the VARO and it appears he can not read any better than the VARO. They both are still working on the claim I asked to be withdrawn, so I could submit a claim for CUE on the two original claims back in 1974 and 1979. Their is nother requesting a review of CUE for the claim submited in April of 2004, that was was withdrawn. Yet they went ahead and rule on it as a claim to reopen with new and material evidence and denied it as having nothing new or material to reopen.
Now my SO is asking that they acquire my SSDI claim file to see if CUE was made in my 2004 claim for failure to have these files prior to their ruling on the april 2004 claim. It may have been CUE that they didn't have them, they cirtainly knew they exisisted, but I am not sure they are probative to make their decision any different, I guess since they accepted my VAMC records as proof of my disability maybe I am partly wrong.
But the following makes no since why they would work my claim this way.
THIS IS AN EXAMPLE OF MY COVER PAGE:
STATEMENT IN SUPPORT OF CLAIM
FOR CLEAR AND UNMISTAKABLE ERROR
IN ORIGINAL CLAIM
DATED
NOVEMBER, 1974
AND REOPENED CLAIM
DATED
JANUARY, 1979
How they can confuse this with a claim in 2004, I wonder who taught them the english language and how they were ever able to get a Bachelors degree.
You feel like standing behing them with a fly swatter or something bigger and swat them everytime they made a mistake in what they are reading and what they understand it mean.
I'm going to have to go down on Monday and take my Copy of my claim and see if I can get it across to my SO what my CUE claim is about and if I can't, I am going to have to revoke his PA and then go to the VARO and try to walk them through it.
It's almost as if they intentionally act deaf and dumb to the Veterans' claims and the evidence that supports their point of contention.
I would like to hear from someone at the VARO what they think a sympathetic reading of the Veterans claim is.
AAAARGGG!!! B)
Edited by Jim S.Link to comment
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