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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
Picked 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.
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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
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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.
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Lemuel, -
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Question
deanbrt
I have tried to stay away from posting but right now am feeling lower that whale s___ and need someone to listen.
Emotionally I am at rock bottom. My appeal for secondary for depression andanxiety to my service related injuries ( I was run over by a 105 Howitzer in1971 and had a 30% rating for that from 2004) went from CAVC back to BVA in late 2009. Three IMOs had been submitted tomy C File supporting the connection and I have been on SS Disability sinceAugust of 2006. I have used VA re exclusively for medical care since 2006,seeing a VA psychiatrist and a psychologist, every 3months. I take a variety of medications for my emotional and physical problems.
The appeal was remanded back to the regional VARO inAugust of 2010, rather than make a decision, because my social security recordshad not been obtained. I went down to my social security office in September oflast year and got them myself and mailed them in. From that point on thingssat. In early November I was told that a decision would be made in 45-60 days. Nothing happened for some time. I was given a C&P examination for my legs in lateApril and the examiner put down that I was unemployable for them alone.
In early June I was told ________ was sending my c file tothe Director of Compensation and Pension for extra-scheduler consideration because of the exam results. Iwas pretty unhappy because we were at the end of our rope but was told itshould go fast, that I had a good likelihood of getting it because of the exam, and by law it hadto be sent.
June 14, in response to an IRIS request, I got thisresponse-
Thank you for your inquiry toVA. A review of our systems confirms what you said in your email. After wereceived your recent VA examination results, your file was transferred to VA’sCentral Office for review. It now appears that they have just transferred yourfile back to this office, around July 12th. Once we receive your files, it willbe reviewed again and at this point, it appears it should be ready for thefinal decision to be completed. If anything additional is required from you,you will be notified. Once the decision has been finalized, we will send younotification and a copy of the decision. We ask for your continued patience inthis matter, and thank you for your service to our country.
If you require additional help with the information in our reply, pleaserespond to this message, or see our other contact information below.
Sincerely yours, ____________
Veterans Service Center Manager
Then July 27 I got a letter stating they needed form 21-4192filled out by my former employer and needed their address. I had provided thatyears ago and panicked that this only meant more delay. I had not worked sinceDecember of 2005 and was off of their employment rolls in the summer of 2007but I called and faxed John Deere human resources trying my best to get theform through. The despair and anxiety I felt was more than you can know. LastThursday I received a call from _____. He said theyhave to ask for the form twice but that I could waive due process and speedthings along and he did that for me online. He suggested I submit a hardshiprequest, which I faxed in last Friday with documentation. I asked him what thedecision from the Director of C&P had been and he said he would call meFriday and let me know. Friday he called and said it was favorable. You have noidea how good that felt. I felt like the weight of the world was off of myshoulders.
Monday I got a call from someone named ____in Appeals at __________ that the Director’s response had been mis-read and that it was aremand back to ___________ because the mental health connection had to bedetermined first. I did not understand that because I had been told by law ithad to go the Director based on the results of the examination. But ____ askedme to fax in my hardship request again to a fax by him and he was going to hadcarry it to someone. So I was a little down but it seemed like he was trying tohelp. An hour ago I got a call from ____ that they would “work my file inorder” and that they were not pursuing hardship since I had not missedutilities or the house. the documents I sent showed how we have been using ourcredit cards to pay them for a year now and have maxed those out along with ahost of other bills we are late on I sent copies of. It was pretty cold and Ibroke down in tears begging for some help. Right now I feel like someone has itin for me. He said ____ in Appeals had been the one that told him theDirector’s decision had been favorable but that he had mis-read it and that myappeal would be worked in order and if it did not make schedule rating, wouldthen be sent back to the Director again for extra scheduler consideration. Iwas sick to my stomach hearing that. I did fax in a request for a copy of theDirector’s response last Friday.
Right now I have some feelings I have not had since Augustof 2006. I can’t stand the thought of telling my wife and seeing her break intotears. The evidence in support of my appeal along with the C&P exam shouldbe overwhelming and I feel like I am being tortured.
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