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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”-
- 0 replies
Picked By
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.
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
Jayg
I have got the go ahead to release his info.
his name is Dr. William Kalichman. He maintains regular practice and can only take one or two people at a time for review and IMO.
You can email him at-... maule@owt.com
What I did was mail him copies of my smrs, civilian medical records, entire claim file, x-rays- everything I thought he could use to determine my case. Things he cited from every segment of that pile clearly demonstrated that he had thoroughly examined every facet of my case...
From here, all arrangements are between the applicant and him. I do not have any connection with any further proceedings and I do not make any profit from this. He helped me, a few vets from his practice and appalled at the injustice desires to help others. That's all I want out of it too. To help other vets.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The doctor who wrote my IMO is definitely vet friendly and eager to help. I know him as a fellow moderator on another site we share. That's what prompted me to ask him if he'd he me. Here's a comment from a PM he just sent me... "I just won another case with a Korean War Vet. The bittersweet part is that he is very old and sick and may not live to reap the benefits, but his family will.
Let me know if you know anyone else that can use my services."
I can say, he'll need some help perfecting his delivery to VA- my IMO got bad marks when posted here but it won me my IU in any case. He is also well aware of the "At least as likely as not" rule. He read and cited my medical history, my service medical records, X-rays, and resourced and cited studies that did demonstrate the otherwise tenuous connection between arthritis with old injuries. He got opinions from others more expert at reading those X-rays than he is and cited their consultation. In other words, he didn't just lightly skim my stuff and just pencil whip an opinion, he was thorough.
His background or fields he can help in? - PTSD or Psych won't be one unfortunately. Some comments on his background from 'My Doc.':
"My specialty is internal medicine and aviation medicine. One of the hats I wear is that I do pilot physicals for the FAA. I am also a pilot. In addition, I am the Medical Director of the hyperbaric oxygen and wound treatment center at ---- Medical Center.
For what it's worth my college and medical school degrees are from Rutgers University in New Jersey. I did my residency and chief residency in internal medicine at Yale University in Connecticut. And then I was working at the Palo Alto medical clinic and on staff at Stanford University.
The resume goes on. My credentials would likely carry some weight with the VA. I should mention that when I did medical testimony, the lawyer that hired me only lost one case, and that one had nothing to do with the medical aspect of the situation.
Right now, I'm being trained in surgical and hyperbaric wound management. I'm being 'promoted' to Medical Director of the wound clinic of my local hospital, and they are shipping me out for additional training.
His earliest medical training...
1984-1990: Emergency Medical Technician and Paramedic working for various ambulance squads in New Jersey, both for pay and volunteer.
1990-1994: Medical Resident, Yale University School of Medicine, Norwalk Hospital, and Norwalk, Connecticut.
1993-1994: Assistant Clinical Professor of Medicine, Yale University School of Medicine, Norwalk Hospital, Norwalk, Connecticut.
1994: Emergency Department Staff Physician, Yale University Hospital, New Haven, Connecticut.
So you can see he has the background and experience to be listened to by any VA raters who will acknowledge an outside IMO. But again, as I said, he'll need a little hand holding till we get him trained in perfecting the VA acceptable IMO.
I have his complete curia-vitae (sp?) but will with hold that until cleared by Hadit moderators. I also will withhold contact info on that same count also until directly cleared by the doc to do so. He asked if I knew anybody else that needed help. I don't know that he meant a forum full of us. :(
His fees? I don't know, you'll have to talk that over with him. He'll charge for his worth but I do not believe he will gouge anybody. (or I wouldn't be posting this here at all.) I have 'known' this fellow (at least as far as internet allows) for a few years. He seems a very decent, caring, and Christian gentleman for those as what that counts for. He will not just write up something for cases that don't merit them either, so don't look for that. But we can expect every benefit of doubt.
Edited by JaygLink to comment
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