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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
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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.Picked By
Lemuel, -
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Question
rodin57
This is my first post. Yea!
First the brief background info- Currently 10% SC for sinus problems, and lots of 0% SC for other problems. Filed a claim for increase with the Phoenix RO in April 2010. Did several CNPs. and was sent by VA to one Independent Medical Exam for hearing probs (Jul 2010). Then I waited. And waited. (Did I say waited?)
Finally found Hadit, and began to get educated! Became a regular Hadit lurker. Someone mentioned MyHealthEvet, so I get an account. Another person mentioned eBenefits, so I get an account. On Sept 1, 2011 I was checking MyHealthEvet and wondering why my claim was taking so long. So looked at my appointment calendar. I noticed that the appointment calendar includes the dates of all VA appointments as well as a section indicating attendance or no-show. I saw that my Indep Med Exam (Jul 2010) showed that I was a no-show. A phone call to the 800# told me that I was a no-show and they have no documentation from that provider.
Long story short, I went to the Indep Med Exam Dr. and obtained a copy of my test results and her evaluation. I drove over to the VA clinic, and attempted to deliver the med docs to them. The desk person would accept the docs, but refused to give me a signed/dated receipt for them. I asked for a copy of their policy for receiving medical documentation. He said they didn't have one. I asked him what happens if the "wind" accidently blows stuff into the garbage can after I leave? He said that I could just bring another copy to them. I told him I would really like a receipt showing they have custody of my med docs.
He decides to "bump-me-up" to his supervisor. I go to her office and re-tell her all of the above. She looks at me and says, "Why do you want a receipt? So you can say 'I got you!' if we lose something"? I told her that I actually hadn't thought it out that far in advance. She then tells me that they receive a lot of documents every day and she wouldn't even know how to manage handling all the document receipts for some sort of medical document chain-of-custody program. I volunteered to write a draft policy for her standardizing their acceptance of medical documentation. She just stared at me for a minute, then thanked me for my service and showed me the door.
Now I am wondering: do other VA clinics/hospitals have a policy for accepting medical documentation? My God, what would you do if you had to turn in one-of-a-kind stuff (like x-ray film, etc) to the VA? You couldn't just give them another copy if they "lost" it.
Sorry for such a long first post.![:biggrin:](//content.invisioncic.com/r264491/emoticons/default_biggrin.png)
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