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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
vetmovinon
Hello, I'm not familiar with blogs or forum mechanics - I'm new here, and thanks for having this service on the web.
I am 60% SC since 1/2002. I had no idea of how VA compensation worked when I filed so I just claimed the essentials that I was dealing with at the time and was happy to see some cash resulting from it. I filed a CUE claim that's been waiting in the system for 2 years. In my original claim I listed L and R carpal tunnel syndrome and also separately claimed osteoarthritis in L and R wrists. I was granted SC for L carpal tunnel (CTS) at 30 and right CTS at 20. The VA examination reported there was no arthrtitis in either wrist shown on X-rays at the time of the VA exam. The VA examiner stated that I had full range of motion bilaterally, and that although I claimed there was pain, he didn't see evidence of it. In the exam report there was no diagnosis of a wrist disorder.
The rating decision listed left carpal tunnel and right carpal tunnel as separate disorders and within the narrative of each, reported that I had claimed bilateral wrist arthritis. The wrist disorder itself was no further addressed in the rating decision.
I did not know enough to formally disagree when I was notified of the award. I was happy to get what I got and move on.
2 years later while in a flare up of wrist pain, I read over the VA rating decision again and noticed it didn't address my wrist claim, other than a "claimed as" for carpal tunnel. I reviewed my service treatment records and found treatment for a broken right wrist in 1981 with X-rays of a fracture and calcification. The record showed later entries of treatment for left wrist osteoarthritis with an entry from a doctor stating an X-ray of the left wrist was reviewed. There was no actual X-ray report in the record.
From this, I thought that a mistake had been made by the VA by: not making a decision specific to the claims of arthritis on each wrist; and, by not reporting the treatment history showing a fracture with calcification on X-ray of one, and a diagnosis of arthritis on the other with the doctors statement that he had reviewed the X-ray.
I did not appeal the decision since the 1 year window had past. I reported the decision had a clear and unmistakable error in not making a decision on the two wrist joints that were claimed, since wrists are joints and not nerve disorders. I then brought up the error in not entering the evidence of treatment findings from the records documenting treatment of arthritis with X-ray evidence involved.
I am apprehensive about the whole thing. The overall SC percentage would go up to 70 combined if I have one more 10 evaluation and that is a bunch of cash in back pay that the VA might try to defend against. I know a mistake was made but, to cover themselves, I just wonder if they might admit the mistake and grant one at zero for the X-ray evidence without a VA examiner's confirmation of painful and limited motion; Then deny the other as no having confirmation of X-ray evidence in the records, stating the doctor report was not specific enough, or something similar. If they decide the CUE that way I'd get nothing. If they don't want to accept my report of pain on VA examination, fine, but then grant both wrists at zero for arthritis so I can have 10 for multiple major joints rated 0 for arthritis. If they deny both, well that's just another mistake to elevate.
Am I being clear on any of this? I think I may be using their language here and that's confusing in itself.
Have you had experience with anthing similar to this??? Any pointers you can give me???? If I am mistaken in my interpretations or assumptions, please tell me straight up!
Thanks
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