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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
stillhere
Below is what I believe to be a form letter response from my senator Webb on his amendment. The reason I said this is a form letter is because I asked him very specific questions as to why he is doing with this.
Mr Webb as I pointed out the congress in 1991 passed a law giving the secretary of the VA the discretion to add presumptives to the list based on the recommendation or should I say the scientific evaluation of the IOM.
As far as I see this it is just a bunch of grandstanding on your part. The scientific evidence is posted on the IOM website and all you or your staff need to do is just like everyone else read it. The congress has more important things to do that to make changes and reviews to existing laws. What is next for Mr. Webb the entire Agent Orange Presumptives list??
As a Vietnam Veteran with a "boots on ground" I find your hanling of this as disgraceful to the many Vietnam vets who have died of these diseases over the past 4o years. After that long a fight and to finally get what we deserve you come along and throw the cloud of suspicion over it.
Shame on you as a Vietnam combat veteran I certainly expected more!
July 29, 2010
Dear Mr.XXXXX:
Thank you for contacting my office regarding veterans affected by Agent Orange. I appreciate your taking the time to share your views.
Our nation has a special obligation to provide health care to our service members and veterans, particularly those with an injury or illness resulting from their service. I have spent my entire adult life advocating on behalf of veterans and will continue to fight for the best interests of the men and women who serve our nation in uniform. Furthermore, from 1977 to 1981 I had the honor of serving as a full committee counsel on the House Committee on Veterans' Affairs, and spent a great deal of time working on this specific issue.
On March 25, 2010, the Secretary of the Department of Veterans Affairs (VA) announced his intention to add B-cell Leukemia, Parkinson's disease, and coronary artery disease to the list of presumptive conditions associated with exposure to Agent Orange. This decision was taken without full consultation with the Congress. Consequently, during consideration of the bill to provide funding for this determination, I introduced an amendment clarifying that under existing law the VA is required to provide a 60-day congressional review period prior to spending funds under the proposed new regulation. I am a staunch defender of Congress's constitutional oversight responsibility. To that end, I have requested that the VA provide the scientific data used by the Secretary to make his determination. He is now scheduled to do so in a hearing that will be held in September.
As a Vietnam combat veteran, former full committee counsel to the House Committee on Veterans' Affairs, and as a current member of the Senate Committees on Armed Services and Veterans' Affairs, I take a back seat to no one in my concern for our veterans. Your views on veterans affected by Agent Orange are very helpful to me and my staff, and I hope that you will continue to share your views with us in the years ahead. I would also invite you to visit my website at www.webb.senate.gov for regular updates about my activities and positions on matters that are important to Virginia and our nation.
Thank you once again for contacting my office.
Sincerely,
Jim Webb
United States Senator
JW: pd
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