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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
- 4 replies
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RichardZ, -
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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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Question
broncovet
For years, we have known that the VA uses Veterans as a source of funding when funds are short. In a nutshell Veterans claims are delayed until next year, the following year, and sometimes 10 or more years later. In many cases, the VA NEVER has to pay back this interest free loan, as the Veteran either dies or gives up on his claim. Even if the Veteran is paid back this loan through the granting of benefits, the VA often manipulates the effective dates, sometimes shredding the only evidence of the Veterans original claim, and even if the Veteran is paid retroactively to the date of his claim, he receives no interest on monies due him even tho inflation has eroded the value of prior years benefits.
Veterans complaints are given "lip service" by politicians who promise to speed up the claims process. However, the reality is that the backlog of Veterans claims has increased almost every year since it began. The newest Secretary has increased the backlog of claims by 15%, while adding a new category of backlogs: education backlogs.
Recent reports show that there are at least 254,000 Veterans/dependents waiting on the Va to process their education claims. In the mean time, student Veterans have little or no means to pay for rent, food, school expenses. Story is here:
http://www.wacotrib.com/news/content/news/...=7&cxcat=11
The reason the VA does this is simple. When the Va submits its budget, there is no category for "mismanaged or squandered" money. Congress approves the VA budget for approved items, but would not approve things like unauthorized bonuses. Then, when money is squandered or paid in unauthorized bonuses, this budget shortfall has to be made up else where..and guess where? That's right..VA executive salaries and bonues. No? Oh, yes you are right. This squandered money is made up by cuts to Veterans services and/or cuts in disability compensation payments. That means Veterans claims are delayed or denied.
So, the next time you wonder what is taking the VA so long in "processing" your claim, just remember the VA has to make up the squandered money from SOMEWHERE.
Right now, there is at least $342 million that has to be made up, so Veterans can expect even longer processing times:
http://www.vawatchdog.org/09/nf09/nfsep09/nf091709-4.htm
Have you noticed that the VA budget has been increased, and none of the increase is being passed to Veterans? Guess what..those extra billions will wind up being squandered as Vets wont get a dime:
http://www.vawatchdog.org/09/nf09/nfsep09/nf091709-3.htm
Edited by broncovetLink to comment
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