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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”-
- 0 replies
Picked By
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
Berta
VA Press Release
"WASHINGTON (Sept. 2, 2011)- Veterans who served aboard U.S. Navy and
Coast Guard ships operating on the waters of Vietnam between January 9,
1962, and May 7, 1975, may be eligible to receive Department of Veterans
Affairs (VA) disability compensation for 14 medical conditions
associated with presumptive exposure to Agent Orange.
An updated list of U.S. Navy and Coast Guard ships confirmed to have
operated on Vietnam's inland waterways, docked on shore, or had
crewmembers sent ashore, has been posted at
http://www.publichealth.va.gov/exposures/agentorange/ to assist Vietnam
Veterans in determining potential eligibility for compensation benefits.
"Posting of the ships list is an important recognition of the sacrifices
U.S. Navy and Coast Guard Veterans made for this Nation," said Secretary
of Veterans Affairs Eric K. Shinseki. "It provides an easier path for
Veterans who served in Vietnam to get the benefits and services they are
entitled to under the law."
VA presumes herbicide exposure for any Veteran with duty or visitation
within the country of Vietnam or on its inland waterways during the
Vietnam era. Comprehensive information about the 14 recognized
illnesses under VA's "presumption" rule for Agent Orange is also located
on the webpage.
In practical terms, Veterans with qualifying Vietnam service who develop
a disease associated with Agent Orange exposure need not prove a medical
link between their illnesses and their military service. This
presumption simplifies and speeds up the application process for
benefits.
For questions about Agent Orange and the online list of ships, Veterans
may call VA's Special Issues Helpline at 1-800-749-8387 and press 3.
When a claim is filed by a Veteran, surviving spouse or child, VA will
determine whether the Veteran qualifies for the presumption of exposure
based on official records of the ship's operations. Ships will be
regularly added to the list based on information confirmed in these
official records.
Even if a Veteran is not filing a claim, a Veteran may conduct his or
her own research and submit scanned documentary evidence such as deck
logs, ship histories, and cruise book entries via email to
211_AOSHIPS.VBACO@va.gov.
Service on board ships anchored in an open water harbor, such as Da Nang
Harbor, or on ships on other open waters around Vietnam during the war,
is not considered sufficient for the presumption of Agent Orange
exposure. For Veterans interested in obtaining deck logs, contact the
National Archives at College Park, Md., at
http://www.archives.gov/dc-metro/college-park/researcher-info.html.
The Agent Orange Claims Processing System website located at
https://www.fasttrack.va.gov/AOFastTrack/ may be used to submit claims
related to the three conditions added to the list of Agent Orange
presumptives last year (Parkinson's disease, hairy cell and other
chronic B-cell leukemias, and ischemic heart disease).
This website makes it easy to electronically file a claim and allows
Veterans and their physicians to upload evidence supporting the claim.
It also permits online viewing of claim status.
Veterans claiming other conditions may file online at VA's My-eBenefits
web site at:
https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal. They
can check the status of their claim with a premium account (confirming
their identity), and use a growing number of online services.
Servicemembers may enroll in My-eBenefits using their Common Access Card
at any time during their military service, or before they leave during
their Transition Assistance Program briefings.
Veterans may also enroll through their myPay or MyHealtheVet accounts,
by visiting their local VA regional office or Veteran Service
Organization, or by calling 1-800-827-1000."
# # #
(I will put this info in the AO forum too. This is the most current ship's list)
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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