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
hedgey
When I got my decision papers for my 100%, they said that my college student kid was eligible for DEA going back to the date I was given as my retro date, which was back in 2009. Yay, this will help her pay off her student loans!!
So my kid fills out the DEA application, sends it in. Gets back a letter from DEA saying she must fill out a very short form, choosing the date from which to begin receiving DEA benefits. The letter clearly states that the choices are between the 2009 date and the date I was notified of my 100% rating (December 2010). Naturally, she chooses the 2009 date to get the retro. She also has taken the letter to her college VA representative, to have them fill out & send in the VA form 1999 (certification of attendance or whatever).
So far so good, right?
Yesterday she gets a letter from the VA saying (italics mine):
"By law, VA can't pay for training you received before you became eligible for benefits. Since you became eligible for benefits on November 22, 2010 (where did this date come from???) we can pay you starting on that date. However, we can pay for the remainder of your training if you return the election sent February 28, 2011. Based on the VA Form 1999 you submitted, we recommend that you choose August 30, 2010 as your begin dated since this was the date you began training."
WTH? Okay, I can see that maybe the college didn't fill out the 1999 right, that they left out her previous year of attendance (she started at this college in fall 2008). So I'm going to call or have her visit the VA rep this week and clarify that. But what the heck is the deal with saying she became eligible on November 2010???
The really funny thing is that the letter she got stating her eligibility began in 2009 and this letter saying Nov 2010 is "signed" by the same person....
Along with this new letter was the VA Form 4107, telling her about her right to appeal. Why the heck should she have to go through the appeal process when this is such a clear bungle?
I'm so mad I could spit nails. I really feel like this is almost intentional, because her first reaction was "Rats, that stinks... oh well..." She doesn't know any better, and would just let it drop.
Let us be kind, one to another, for we are each of us together in our pain.
Link to comment
Share on other sites
Top Posters For This Question
10
4
3
1
Popular Days
Mar 28
8
Mar 27
5
Apr 2
3
Mar 30
2
Top Posters For This Question
hedgey 10 posts
Berta 4 posts
VetsLady 3 posts
carlie 1 post
Popular Days
Mar 28 2011
8 posts
Mar 27 2011
5 posts
Apr 2 2011
3 posts
Mar 30 2011
2 posts
21 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