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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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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
MLR
Yawl,
If anyone can help me understand what this all means and/or where u think it may fall within the rating scale....please chime in!! I have looked at the ratings schedule but I don't know where I fit in (currently rated at 20% for cervical DDD). I do know that I'm having WAY more problems with my neck now, as compared to when I was originally rated 10yrs ago.
It is confusing to me cuz I was truly having a "bad day" when I went in for this exam. I could barely turn my neck, especially to the left, while at this exam (I actually had to call out from work for 2 days after this exam cuz I could not move). The doc also stated to me that he was supposed to have my records there to review but the VA had not sent them over to him at QTC. He actually made a call to get them sent over while I was in the room but had to leave a message.
Thanks in advance for ANY & ALL feedback cuz I NEVER type this much....
Here's the results:
CERVICAL SPINE: No evidence of muscle spasm, guarding, weakness, loss of tone & atrophy of limbs. There is evidence of radiating pain on movement described as all movements. Tenderness described as posterior cervical region. No ankylosis of c-spine.
ROM Degree Repetitive
Flexion: 40 40 40
Extension: 41 41 41
Rt Lateral Flexion: 35 35 35
Lft Lateral Flexion: 35 35 35
Rt Rotation: 70 70 70
Lft Rotation: 70 70 70
Joint function of spine is additionally limited by the following after repetive use: pain & pain has the major functional impact. Not additionally limited by: fatigue, weakness, endurance & incoordination.
NEUROLOGICAL EXAM (SPINE): C-spine sensory function is impaired.
C7 = Sensory deficiet of left long finger.
C8 = Sensory deficiet of left ulnar side of the left ring finger & left little finger. Right biceps & triceps jerk 2+. Left biceps & triceps jerl 2+. Upper extremities show no signs of pathologic reflexes. Normal cutaneous reflexes. There are signs of Cervical IVDS. Most likely peripheral nerve is the Ulnar nerve.
DIAGNOSIS: For the VA diagnosis of Cervical Degenerative Disc Disease, the diagnosis is changed to Cervical Degenerative Disc Disease; Intervertebral Dis Syndrome, most likely affecting left Ulnar nerve (sensory component); cervical strain. This is a result of a progression of the previous diagnosis.
EXAM: Subjective factors are: pain, cervical LOM, abnormal sensation LUE. The objective factors are: established diagnosis, cervical LOM with TTP posterior cervical region, abnormal sensory findings LUE. Diagnosis is IVDS & most likely involved peripheral nerve is the left Ulnar nerve which affects the left side of the body. the IVDS does not cause any complications.
REMARKS: The effect of the conditions usual occupation is abnormal sensation left hand, cervical LOM. The effect of the condition on th eclaimant's daily activity is abnormal sensation left hand, cervical LOM.
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