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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 rating
Picked 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.
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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.
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Lemuel, -
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Question
parforever
I don't like to spread rumors but wanted to see if anybody had heard about this? I got this in an email from another retiree and many of us in the office are pretty sure there is no validity on this, but anybody hear of this? (See email transcript below)
Waiver (Refund)
Subject: VA Disability Waiver Refund$$$$$$$$$$$$$$$$
If you have a VA Disability rating of 90% or less, did you know that
you are eligible for a VA Disability Waiver Refund$$$$$$. It can be
filed for the last (3) years and every year from now on until 2014.
This includes Federal and State refunds, but filed separately. I got
my package back a few weeks ago and after reviewing it with my tax guy
(also a disabled veteran), we filed for it.
I talked to local veterans in the know and nobody has even heard of
this refund program? Anyway, if you want more information on this
refund program, the person to get the information from is Mr. XXXXX
(USAF Ret.) in Ft Walton Beach, FL. He's been helping disabled
veterans get this refund for over 10 years.
If you decide to file for this refund, you can call Mr XXXXXX at
(xxx)xxx-xxxx cell and he'll gladly explain the program and what documents
you must provide to him.
He does all the paperwork and prepares all the tax forms. All you have
to do is sign the 1040X amendments and mail them in to the IRS. He
even provides the addressed mailing envelope.
There is a fee for his services.
He will need your 1040X for the year you file
DD214
1099R
Disability Rating Letter
Retirement Statement for each month for the year you are filing.
He charges 10% on the honor system.
The number I gave you is good for him because a talked to him a couple of weeks ago and got my paper work back within a week.
He does everything once you get it back all you have to do is sign it. He even includes addressed envelope and sign receipt to the IRS.
I know several people who went back to 2006 but last year was my first full year of retirement. You can call the VA and get a copy of your disability letter and call RAS to get a copy of old pay statements. I would give him a call prior to mailing it to him to ensure you have everything.
If you have questions hit me up.
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