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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
packrat
Good for you. Keep the faith . I keep reading the deffinition of a stressor and even though it is in black and white, it really drives me batty. "Fear for your life or the life of others." I mean have a heart. How about a "reasonable person clause". " exposure to extreme war time sights,sounds or smells that would cause any reasonable person extreme emotional distress. I believe we are just touching the tip of the iceburg with the Vietnam vets when they come out of the woodwork in their mid 60's. I, myself will be able to provide the VA with a government document with statements like "heavily engaged with a hostile force and undaunted by the intensity of hostile fire and remained in his dangerously exposed position to ensure". I was shot at many times and we had rockets and mortors droped on us many a time. I lost close,close friends that were 50 yards away and poof, then they were gone. I have only been exposed this stressor requirement thing for a couple of weeks. Up until then if some one said "stressor" I wouldn't have known what they were talking about.
First hand experience folks. There are things far more unbearable to some then getting shot at or coming close to death. Now if the folks that wrote the requirements don't think so maybe they need to put in a year in a front line position. Now it may only be me but I don't think so. I would rather be shot at then have had to handle some of those poor souls that didn't make it. Those are the ghost that will haunt me until the day I die. I believe you can train a 20 year old to handle a confrontain that can result in their death. I am not sure you can train a 20 year old to handle the sights of what war can do to a human being.
Any war vet should be able to use as a stressor the sights and smells of death without fear for their own life or the life of others. How about the life that was already lost. The dessecration of what was once a human being. The unrecognizable remains of someone husband,son, father or brother. At least to me the origional stressor regulations should have always covered this without the provision of fear for your own life or the life of others.
The sights of the pure horrors of war it self is enough to drive some to the very edge. Even though I can sit with a shrink and prove "fear for my life" I know what I see, asleep and awake. They should not have made it this hard for some of those who sought help in the past.
I am new here and I am not sure venting like this is allowed. These are my thoughts and if it is not allowed or too extreme, I understand if you take it down. I have not seen my first shrink and the VA informs me of a problem. The shrink my be the least of my problems. Take care of each other people. You are vets 365 days of the year not just on Nov 11th.
Semper Fi
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