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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
RAFA
I was awarded 100% SC compensation on a re-opened claim (80% and IU P&T) effective date 01/2010.
Previously, on 01/2010 --- I was awarded an additional 30% for anxiety disorder, NOS --- effective date 08/2001 (I had a 30% since 1985 for physical conditions and an Illness adjustment disorder combined with it).
Discontinued working due to my S/C conditions in 1991 and started receiving SSA benefits on 1993 for major depression.
They kept the 30% for anxiety disorder, NOS combined to my physical conditions and didn't pay me.
I appealed this the same day and stated that this needs to be separated according to regulations, they still haven't paid me, I also appealed the effective date for IU.
During the original claim there was a remand by BVA dated 09/30/1997 instructing RO how to proceed.
A Supplemental Statement of the Case was completed by RO on remand orders dated 07/23/99-- this my representative forgot to appeal in time and the only recourse for us was to submit a Motion-for-Reconsideration on 12/20/2000 this was denied by BVA on grounds that it was final.
In the Motion-for-Reconsideration we pointed out all C&P errors and due process of law, in addition to being bias towards me, that (they were judge and executioner) they didn't follow instructions and blindly stood their ground attacking me and RO adjudication went along with it, so did BVA.
I decided not to continue fighting a system that had obsolute power so I felt helpless and hopeless. On 03/08/2007 I submitted a new claim and it was re-opened and like I said on 01/2010---I was awarded 30% for anxiety disorder, NOS---effective date 08/2001 and I haven't been paid for it yet.
On 11/02/2010 I was increased from 30% to 70% for anxiety disorder,NOS along with my physical s/c condition this gave me 80% IU P&T.
On thursday 09/08/2011 my wife and I decided to go follow-up on my appeal on effective-date-of claim for IU, and went to see VFW rep.
On VARO lobby I picked-up the phone and dialed the extension # to VFW reps office, I told VFW rep I was waiting to see him and he quickly told me that I HAD TO WAIT.
VFW rep still Smiling called on me and I told him that I brought my wife so he can meet her, still smiling he greeted her and we went to his office.
I told him that I was there following up on my claim, rep still smiling said he knows everything about my claim and I told him if he have checked into it.
VFW rep Still smiling told me that recently Rating Specialist told him that my claim is being handled as a CUE claim for 100% up to 1997 and was being sent to Washington for further authorization.
Questions:
1). Did my appeal for effective-date-of-claim for IU trigger a complete review of my claims folder?
2). If so did the motion-for-reconsideration I submitted on 12/20/2000 alleging all of errors of due process and case law, but denied by washington because of finality of claim? Was this motion reviewed by RO and RO had duty to assist, that triggered this CUE?
The Illness Adjustment Disorder I had combined to my physical conditions for over 10 yrs was severed by RO alledging Alcohol, I appealed to washington and BVA told RO that they can't do this, cause I had this condition for over 16 years at the time and it was awarded by a different jurisdiction and can't be severed in the absent of fraud, so Washington agreed with me.
At this point RO couldn't use the ALCOHOL issue anymore so they had to seperate the illness adjustment disorder and rated me with Anxiety disorder, NOS.
This condition (Anxiety disorder, NOS) was diagnosed by C&P themselves in 1996, but they always stuck to ALCOHOL as willful misconduct.
This is the same diagnosis that I was awarded 80% IU P&T (100%) effective date 01/2010.
Today, C&P reports state that alcohol use is a non issue that it was secondary to my illness and that the anxiety disorder, NOS---impeded me from working in my profession or any other work (C&P psychiatric report of 02/2010).
I have calculated over $300,000.00 this is a LOT OF MONEY, my rep told me it's a done deal. Is this going the right way?
Sorry, for writing so much, but I am finally excited, until it reaches an end I am not jumping up.
Thanks,
Edited by RAFALink to comment
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