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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
jalexand
After years of never having even looked at my original Medical ratings factors stemming from my service in the USMC during Vietnam, both my medical record from the Department of the Navy, which resulted in my permanent retirement and my original original VA award letter, which actually reduced my disability rating from 100% to 90%, I have become involved with the VA again in a claim under the proposed Agent Orange rule covering Ischemic Heart Disease. While it appears to me from reading thru many posts on this web site that some have been able to determine the exact way in which their ratings were determined, using the Combined Ratings Tables, I have no such information.
When I was looking thru the USC Combined Rating Tables, I came across secton 4.26 which discusses the "Bilateral Factor" and frankly while it is a little confusing, I think I understand how to use it with regard to determining the use of it with the Combined Rating Tables. But in my case I am wondering if it applies?
The jist of it is the Bilateral Factor was used by the Department of the Navy when they reached a determination of a 40% disability and here is how it appears:
(1) Unfit to perform the duties of your rank because of physical disabiltiy
1. Mulitiple wounds, fragment, buttocks, arm, right leg, bilateral, abdomen, #9060,
2. Fracture, distal tibia, left healed, #8230,
3. Neuropath, traumatic, common peroneal and posterior tibial nerve, left, mixed, motor and sensory iincomplete mild, #9569,
4. Wound, perforating, colon and bladder, #8680;
(2) That such disability was incurred while entitled to receive basic pay;
(3) That such disability is not due to the intentional misconduct or willful neglect and was not incurred during a period of unauthorized absence;
(4) That such disability is the proximate result of active duty;
(5) That such disability is ratable as follows:
VA Code 8522 10%
VA Code 8521 20%
VA Code 7805 0% right and left legs
28
Bilateral Factor 2.8
30.8
VA Code 7517-7512 10%
38 = 40%
(6) That accepted medical principles indicate that such disability "is" permanent.
The findings of the letter I received from the Veterans Administration (now the DVA) were as follows:
Your disabiltities are evaluated as follows:
40%, For wounds, left buttock and thigh, Muscle Group XVII.
40%, For multiple wounds of the left leg and foot with neuropathy, common peroneal and posterior tibial.
40%, For wounds, right buttock, Muscle Group XVII.
30%, For wounds of the right arm and elbow fracture.
0%, For adhesions because of laceration of colon and residual of close colostomy.
0%, For laceration of bladder.
0%, For healed scars from your right thigh donor site.
The combined rating is not arrived at by adding the percentages of your disabilitites, but is computed in accordance with
a combined ratings table.
So finally my question. Considering the 40% ratings for wounds to left and right buttock, Muscle Group XVII, would not my VA disability compensation calculation
require the use of the "Bilateral Factor" as determined by section 4.26 of the code? Certainly the Bilateral Factor was used by the Department of the Navy when
they made their calculations.
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vetquest
I also come up with your current disability rated at 87% which goes to 90. When I add in a separate 60% I see you going to 100% The best way I can suggest that you see what your rating would be
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