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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 rating
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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.
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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
jamescripps2
Veterans' claims are mired in backlog
It now takes VA six months on average for each demand
4:57 AM, Apr. 7, 2011 | 6Comments
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Written by
Gregg Zoroya
USA TODAY Filed Under
News
News Nation & World
Related Links
U.S. troops in Afghanistan suffer higher number of catastrophic injuries
WASHINGTON — The number of veterans' disability claims taking more than four months to complete has doubled, prompting criticism from veterans and Congress that the Department of Veterans Affairs failed to prepare for a rise in cases it knew was coming.
"Without question, I believe that the VA disability claims system is broken," Sen. Patty Murray, D-Wash., chairwoman of the Senate Veterans Affairs Committee, said Wednesday.
The number of claims that take more than 125 days to decide has gone from 200,000 a year ago to 450,000 today, according to administration budget documents. As a result, veterans must wait even longer to receive payments for disabilities.
The VA says the delays are due in part to a generation of Iraq and Afghanistan veterans with more complex claims, and a decision two years ago to expand compensation for Agent Orange-related illnesses. Claims also increase in a poor economy.
VA is criticized
But veterans groups and Murray say the VA was aware that claims would rise.
"The explosion in the claims backlog is another predictable, preventable insult to thousands of veterans of all generations," said Paul Rieckhoff of Iraq & Afghanistan Veterans of America.
It now takes the VA six months on average to process each compensation demand for illnesses or injuries.
And the delay will reach an eight-month average next year, according to documents.
The VA says it has added staff and expanded automated record keeping but is dealing with an unprecedented amount of work.
"I think the disability determination system does not deliver decisions in as timely and uncomplicated a manner as people would like," said Tom Pamperin, a VA undersecretary for policy.
VA Secretary Eric Shinseki predicted an increase in 2009 when he expanded the number of illnesses that could be linked to Agent Orange.
The total number of pending claims for compensation has grown from 448,000 last April to 756,000 today.
"The VA knew that more Agent Orange claims would be coming in, but the claims have still overwhelmed the new caseworkers that Congress provided funding to hire," Murray said during a confirmation hearing for a new VA benefits chief.
Processors added
The VA added 3,000 claims processors last year, for a total of 14,000, but Pamperin says the work has been more labor-intensive than expected.
"We are working with a relatively inexperienced workforce. They make mistakes," he said.
Murray described a visit to a Seattle claims office where it took nine months to process a claim from a terminally ill veteran.
He died three days before the case was resolved, she said.
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