Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
not funny
Where to begin? I was originally injured on the flight deck of the USS John F. Kennedy august of 1980, In the accident I was struck just above the buttocks by a 8 inch x 8 inch by 9 foot long oak wooden beam traveling about 50 miles per hour slamming me to the deck so hard that it shattered my protective helmet as well as striking me flat on my heel causing a compound fracture of my right tibia / fibula my toe hit my knee. The only reason it didn't break my back was that I was leaning into the jet blast of 2 f-14's that were taking off at the time. I was rated at 10% disabled for the fracture and nothing else, although they operated on my knee to install a tibia nail and again operated on it to remove the nail 2 years later my knee was never rated or even considered as service connected or even evaluated with my leg which is shorter than my other leg by 1 inch at all, how is this possible I don't know but it is true. I was discharged in 1985 with 10% for my right leg fracture only. Now fast forward to 1994 I began to experience chronic back trouble then diagnosed as spondelolysis. Then in 2000 I started having problems with both my back and hips so I returned to the VA for help. I asked for an increased rating on my leg and to include my knee in the evaluation which was denied, I appealed and it is now on its second remand and still undecided. in 2006 I was diagnosed with avascular necrosis on my left hip and the VA did a core decompression surgery on my hip which helped for about a year before getting worse, then in addition to this my other hip was diagnosed with the same thing the VA doctor also finally diagnosed my low back with Degenerative disk disease at l-4 and l-5 with unilateral spondelolysis right side and my right leg was going numb after only standing or walking short distances due to sciatic nerve compression. . Then in july 2009 I had to get 2 stents placed in my right lower leg, the VA doctors said I needed 3 but could only get 2 in, and my next step is bypass or amputate below the knee. Additionally I filed a claim for temporary 100% after surgery and asked to include Right hip disorder associated with post operative fracture, right tibia and fibula/ Right knee disorder associated with post operative fracture, right tibia and fibula/ History of left hip avascular necrosis associated with post operative fracture, right tibia and fibula/ Right lower extremety circulatory disturbance associated with post operative fracture, right tibia and fibula/ right sciatic nerve injury associated with post operative fracture, right tibia and fibula/ and last but not least Lumbar spine Degenerative disc disease at L4-L5 level as secondary to the service connected disability of history of transverse fracture of distal 1/3 right tibia and fibula with ORIF. The VA says this is not connected either. My orthepedic doctor told me to file for social security benefits because I was done working period. I did and was approved solely on records from the VA. I was sent for a compensation and pension evaluation where the examiner said it may be related to the injury sustained in service because the injury sustained was not an isolated injury, but the VA disagreed with the examiner and denied my claim, again At this point unless I can get my VA primary care doctor to say any of this is at least as likely as not related to my altered gait and the original trauma I'm beat by the VA. I sent in my Social security ruling as evidence but if the VA says none of this is service connected what are my options. w/hat do I do now? is there anything I can do to help my case
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
1
Popular Days
Sep 24
2
Nov 12
2
Sep 23
1
Sep 25
1
Top Posters For This Question
Pete53 1 post
Chuck75 1 post
Philip Rogers 1 post
not funny 1 post
Popular Days
Sep 24 2010
2 posts
Nov 12 2010
2 posts
Sep 23 2010
1 post
Sep 25 2010
1 post
5 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now