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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.-
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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
allan
FOR IMMEDIATE RELEASEOctober 9, 2009
Senate Sends VA Health Care Funding Reform Bill to White House
Long-Awaited Victory for Veterans Nears
WASHINGTON, Oct. 14 - The U.S. Senate gave final approval Tuesday to legislation that will finally reform the budget and appropriations process for the Department of Veterans Affairs' medical care programs, ensuring veterans receive the health care they have earned in a timely manner The Senate's unanimous approval comes on the heels of a 419-1 vote in the House last week, passing H.R. 1016, the Veterans Health Care Budget Reform and Transparency Act. The bill is now headed to the White House. President Obama voiced support for this landmark legislation and is expected to sign it into law. "With the support of Congress, we now are on the brink of a long-overdue victory that will help ensure timely access to medical care for the men and women who have served, are serving and will serve in defense of our nation," said DAV National Commander Roberto Barrera. "For two decades, the Disabled American Veterans and other veterans service organizations have worked to reform the budget and appropriations process to ensure that veterans receive the health care they have earned in a timely manner." The Veterans Health Care Budget Reform and Transparency Act authorizes Congress to approve veterans medical care funding one year in advance to better meet the anticipated demand for veterans health care services. The advanced funding will give the Department of Veterans Affairs up to a full year to plan for the most effective and efficient way of delivering medical care. Additionally, this would require the Government Accountability Office to audit the budget development process to ensure that sufficient funds are included. "This legislation will help every disabled veteran and every future disabled veteran," said Commander Barrera. "This is happening because so many of DAV's members and supporters have stepped up and called on Congress to put an end to chronic lapses in budgets almost every year for decades. We stood up for veterans together, and veterans and their families are going to benefit." Commander Barrera expressed DAV's gratitude to several Senators who played leading roles in getting the legislation approved. "This was truly a bipartisan effort in the Senate, led by the very able Chairman of the Veterans' Affairs Committee, Senator Dan Akaka, who drafted and sponsored the legislation in the Senate. His dogged determination and skillful leadership proved to be central to passing advance appropriations legislation," Barrera said. "Senator Akaka has proven time and again that he is a true champion for all of America's veterans, one who we can rely on to aggressively fight for our interests in Congress, and we are grateful for all that he has done for veterans, especially disabled veterans." "Senator Richard Burr, the Ranking Member of the Veterans' Affairs Committee, played an important role throughout this legislative process. His insightful contributions strengthened the bill, and his steadfast support was absolutely essential to moving this legislation through the Senate," Barrera said. "Senator Olympia Snowe was a crucial supporter of advance appropriations from the very beginning. Her dedication to working in a bipartisan manner for the benefit of veterans helped lead to over half the Senate cosponsoring the legislation," Commander Barrera said. "Appropriations Subcommittee Chairman Tim Johnson laid the groundwork for this historic victory with his sponsorship of veterans funding reform legislation dating back to 2002. He has consistently worked to increase funding levels for veterans health care programs and unselfishly put his full support behind advance appropriations legislation when it was needed," Barrera said. "One of the most pivotal moments leading to this legislative victory was the inclusion of advance appropriations language in the budget resolution earlier this year. Veterans have Senator Jim Inhofe to thank for offering that amendment which protected advance appropriations in the budget. His forceful advocacy of advance appropriations at that crucial moment was essential to the ultimate approval of advance appropriations this year," Commander Barrera said. "Budget Committee Chairman Kent Conrad also played a key role when he supported the advance appropriations amendment in the budget, and later worked out an agreement with the House to retain the advance appropriations legislation in the final budget resolution. Senator Conrad continues to be a strong voice for veterans in the Senate," said Barrera.The 1.2 million-member Disabled American Veterans, a non-profit organization founded in 1920 and chartered by the U.S. Congress in 1932, represents this nation's disabled veterans. It is dedicated to a single purpose: building better lives for our nation's disabled veterans and their families. More information is available at www.dav.org.
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