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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
Got my unofficial 'white' letter today from DAV.Rt lower extremity radiculopathy continuedService Connection for left lower extremity deniedservice connection for ED is denied. My EMG for left leg came back negative, though id been taking meloxicam and neurotnin as newer medications, that seemed to help with the pain and numbness. No EMG, no radiculopathy, I guess-though I never had one for my right leg-I don't know if they went off the MRI's or what.
The ED was based on my report of it at a VA appt. in 2003 during a C&P, my Dr.'s statement of such in 2010, and her prescribing Paxil for PME, plus issues ive noticed with getting a firm erection after starting neurotnin. I haven't seen her for that yet, though.
The C&P doc wrote up a statement that said there was not enough evidence of either for her to make a decision one way or the other.
Ill get the statement of case and decide if I want to pursue it further or not. I really don't have any other evidence to throw at it right now. Is the list of things submitted via VonApp and Ebenefits the same list of things they evaluated, e.g. is there going to be a list of every thing they considered in the SOC when I get it?Does the act of submitting a NOD and requesting DRO review require me to have a lawyer or court or is it more like submitting more things for 'discovery'? Is 'reconsideration' basically the same thing as a NOD-They both reconsider, but what are the more subtle differences between the two processes?
I thought I had a solid claim. I submitted supporting copies of my own SMR's from 2002 that show both L and R leg radiculopathy, but my C&P then for my initial rating only noted the R leg. I was trying to correct that. My new x rays from a few months ago show decreasing disc spacing in more levels than in 2002, and Im on stronger drugs for pain than I was before.
The ED was noted by my doctor, and I complained of it in 2003 to a VA doctor and in a C &P then as well. I finally went to my Dr to be treated for PME, and we started with Paxil to try to help with that (2 months ago) but now I have trouble getting erect at all (and I take gabapentin for my lower back). She wrote a letter for me that stated based on her evaluation of both me and my service records that my erectile issues were caused by my back. I also had a letter from my wife (RE: Pain and ED issues) and co worker (pain issues, mobility). All in all between my old evidence (for SC of left leg contension) and ED, plus xrays and narratives, etc was some 20 pages. I got copies of it all, typed up a cover sheet noting pages and paragraphs) and sent it off.
One of the hurdles that I have is that my EMG said I was fine, and since I started on these new drugs (mobic and gabapentin) my symptoms in my Rt leg that is already rated are better then they are without. Since the drugs help with both legs, I can't really see how I can show what's going on short of them (or me) getting a new MRI, probably on my own. That may be my next step.
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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