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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
OutOfOptionsVet
Going to start with some background information because I really don't have any idea if I am missing the obvious solution; or where I am suppose to go from here.
Never had back problems prior to Bootcamp.
60 days into Marine training I'm at medical and told I have a pre-exsisting condition known as Kyphosis. (My spine curves out too far in the middle)
I found out months later I wasn't suppose to be allowed into the military with this kind of a condition.
I graduated Bootcamp and earned my title, spent a month in rehab.
Went to SOI training, made it a week befor I was again in medical. Was told to be put on 3 days light duty reccomended by the Doctor there.
They told me I was going to train anyways. One day later Im back in medical again after falling out on a hike and blacking out from pain.
3 months light duty and droped to Medical rehab platoon. After a few weeks, the doctors decided I was to be discharged.
I recieved a Erronous Uncharacterized Enlistment Discharge at 179 1/2 days of service.
I have had Chronic back pain that fluctuates in pain levels from day to day ever since. I can't sit or stand for very long without the pain increasing until its unbearable.
I went to the VA and went thru the process of evaluation to see what im disibility rating would be. They asked alot of questions and eventually my doctor decided it would be best to get an MRI which came back negative.
I recieved a 10% disability rating. I was advised by my Doctor to not appeal my case. I didn't think the rating was as high as it should be.
Not for the pain I suffer on a daily basis. Theres on average 4 days a month where Im bedridden because of the pain I suffer due to my condition.
I tried attending college after my discharge. After a week I was in bed for 3 days on my back and could hardly move. I had to withdraw due to the attendance contract.
I needed more help. So I tried going thru the Revocation Rehabilitation program that the VA offers. I was given a personal tens unit to use. I decided I would try attending college thru their program.
I attended classes for a week. My pain was minimal when I started attending classes. After about 4 days of full time school I wasn't able to make my classes and again had to withdraw from college and also (after talking to my counselor) the Revocation Rehabilitation program until my pain was managed better.
Without my familys support I would be on the streets with nothing to eat. I've moved from my Mothers house, to my Fathers, back to my Mothers, and now back to my Fathers again within the past 2 years I've been struggling since being discharged.
I tried to apply for SSDI and sent the paper work to my Doctor at the VA. He denied my claim and said I should be able to work full time 40 hours a week with no problems. I was so angry and frustrated with him about that I haven't been back to the VA since.
I decided I would try going thru a Civilian doctor and begin the process of determining the level of my disability again all over. Due to the fact my Doctor doesn't recognize the extent of my impairment to function as a regular civilian due to my disability.
The state I live in has a 2 year waiting list to recieve Medical Insurance coverage thru the State. I am unemployed and have no other income than the 123$ a month I recieve for my 10% disability.
Im having a hard time dealing with all of this and I just don't know where to go from here. My VA case worker literally told me to "suck it up". I no longer communicate with her either.
I've become depressed and no longer have a social life. I've tried to find work, I have even gotten a few interviews; during which I explain my disability to them and they never call me back.
I thought I would post this and maybe get some advice that might start me in the right direction.
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