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Ao Court Victory, Vietnam Veterans Stricken With Ischemic Heart Disease, Parkinson's Disease, Or B-Cell Leukemias
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allan,
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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
allan
Subject: [VeteranIssues] AO Court Victory, Vietnam veterans stricken with ischemic heart disease, Parkinson's disease, or B-cell leukemias
Date: Sep 13, 2011 8:40 AM
http://www.nvlsp.org/Information/PressRoom/NEWS-RELEASE-%20080210.htm
VETERANS ORGANIZATIONS SCORE VICTORY FOR VIETNAM VETS SUFFERING FROM AGENT ORANGE DISEASES, VA ORDERED TO PUBLISH NEW COMPENSATION RULES IN 30 DAYS
Paralyzed Veterans of America, National Veterans Legal Services Program, Non Commissioned Officers Association, & United Spinal Association/VetsFirst Win Court Order
FOR IMMEDIATE RELEASE – August 2, 2010
WASHINGTON – Veterans organizations scored a victory today for Vietnam veterans suffering from diseases associated with Agent Orange exposure. In a court order issued this morning, the U.S. Court of Appeals for the Federal Circuit instructed the VA to issue within 30 days new rules for paying disability benefits to Vietnam veterans stricken with ischemic heart disease, Parkinson’s disease, or B-cell leukemias.
The successful request for a writ of mandamus was filed in July 2010 by a coalition of veterans service organizations: the National Veterans Legal Services Program (NVLSP), the Paralyzed Veterans of America, the Non Commissioned Officers Association, and United Spinal Association/VetsFirst. The organizations received pro-bono legal help from Chadbourne & Parke LLP.
The VA claimed it could not issue the rules by the June 23rd deadline set by an act of Congress, because it was waiting for another federal agency (the Office of Management and Budget) to review them.
The unanimous three-judge panel disagreed and said VA must publish final rules on the three diseases in the Federal Register within 30 days. The rules impact an estimated 200,000 Vietnam veterans or their survivors who suffer from one of the three Agent Orange-related diseases.
“We filed this request because veterans who have given so much for our country, should not have their compensation claims delayed because two federal agencies can’t get their act together and comply with the law,” said Bart Stichman, co-executive director of NVLSP. “Today’s court order is a victory for our Vietnam veterans, and sends a strong message to federal bureaucrats – that bureaucratic delays will not be tolerated.”
For many veterans and survivors, the date that VA rules are published has an impact on the amount of financial benefits they will receive. If a Vietnam veteran or survivor files a claim before VA publishes the rules on the three diseases, they are eligible for benefits retroactive to the date the claim is filed – even though VA publishes the rule after the claim is filed. But VA estimates that as many as 150,000 Vietnam veterans and survivors will not file their paperwork until after the rules are published. The date of publication is important to these veterans and survivors because by law, they cannot receive retroactive benefits for any period prior to the date of publication. Thus, for every month that publication is delayed, these veterans and survivors lose a month of retroactive benefits. As a result, late publication of a rule can result in veterans losing millions of dollars in benefits to which they would otherwise be entitled.
For months, NVLSP and other veterans service organizations have advised veterans suffering from one of the three diseases to file a claim immediately. But the publication of rules in 30 days will likely result in a flood of additional VA claims.
PRESS/MEDIA INTERVIEW REQUESTS
Press and media interview requests should be directed to Ami Neiberger-Miller, NVLSP public relations, 703.887.4877, ami@steppingstonellc.com or Andrew Blum, Chadbourne & Parke, 212.728.4519, ablum@chadbourne.com.
__._,_.___"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
http://www.angelfire.com/il2/VeteranIssues/
http://www.facebook.com/dan.cedusky
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