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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
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
brokensoldier244th
I submitted a completed 21-4138 a few days ago ( I love VONAPP) based on radiculopathy in my left leg. I am rated in my right leg 10% for it, based on a C & P from 2002. I have not had any requested exams from them since then, and other than acute attacks of pain, dealt with via medication (motrin, ultram, flexaril) and lots of conservative maintenance, I really don't have a lot to contribute to this, information wise. I don't go to the doctor all the time for something I already know how to deal with and I feel self conscious going to the VA anyway since im 33. They don't have a lot of younger vets there, mostly older folks, and I feel really self conscious, but I digress.<br style="min-width: 0px; "> I didn't just waste some raters time, did I? Should I have done it a different way? It's not an overall increase, but a request to consider that the already existing condition in one legs extremeties be granted for the other legs extremities. Should I have, for future reference gone in every time my back hurt or when there was numbness in my left leg? I keep a journal of sorts for this, will that make a difference? ill still have a chance to provide more supporting evidence?
Thanks!
*submission below*
I would like to respectfully request in increase to my currently rated10% radiculopathy in my right leg to include intermittant pain andradiculopathy in my left leg.I was intially rated for DDD, lower spine in 2002, but not specificallyfor radiculopathy. I requested an increase in 2002 for increased sciatic pain andradiculopathy and was granted 10% for my right leg at that time, based onmy examination and case notes. During that examination at that time I wasnot experiencing any tingling or numbness in my left leg, but wasexperienceing sciatic pain radiating from my lower back, and musclespasms and general pain. Over the years since 2002 I have noted that thatpins and needles feeling now extends into my left leg, most noticibly inmy toes. It has always been there, to some degree, and I don't know whyit wasn't noted in 2002 or 2006-most likely through my omitting it duringquestioning or the 2006 exam wasn't related to my back.<br style="min-width: 0px; ">This pain and radiating numbness in both legs is intermittant,and daily,and noted in my initial MRI findings from Portsmouth Naval Medical (Dr.Mayhr (sp)) and sciatic pain and radiculopathy was noted in my C & P in2006 by as well. It was not initially granted with the radiculopathy ofmy right leg, either by oversight, or by omission on my part because Ididn't specifically mention it in conjunction with the other conditions.This daily pain and numbness makes it difficult to enjoy much of my dailyactivty. It starts in my lower spine and extends into my buttocks anddown into both legs. At work I have to change positions every hour 3 or 4times, standing/sitting etc, and the longer I sit the more it hurts. Idon't drive long distance, I don't chase my kids around, I have somedifficulty with exercising and with relations with my wife. The painitself is not more pronounced or increased overall, but its moving into anew region, to me, is notable.<br style="min-width: 0px; ">Please respectfully consider my request for an increase to my 10% ratingfor radiculopathy to either extend to my left leg as a separate rating,or to be included with that of my right leg bilaterally.<br style="min-width: 0px; ">You will find all current information in my C file, the original MRIfindings, and my C & P records and narratve summaries from 2002.Since this is not a substantial increase in anything symptomatic, but anacknowledgement of a continuing condtion, I have not requested specificexams with my GP for this. I continue to take lots of OTC Motrin (800 MGx 4 times a day, sometimes more) and naproxen, and spend a lot of time being reallycareful how I move. I have not requested stronger pain medicationspartially due to fear of their effects, and partially because I work in atechnical job that requires me to be 'sharp' mentally.<br style="min-width: 0px; ">Thank you for your time.
The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.
B.S. Doane College, Mgt Info Systems/Systems Analysis 2008
M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021
M.S. Purdue University Information Technology/InfoSec, Dec 2022
100% P/T
MDD
Spine
Radiculopathy
Sleep Apnea
Some other stuff
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B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021
(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents, and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)
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