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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
aod0311
Hi my name is Jeremiah and I have been going to the VA for about three years now since I was discharged. I have been going to the VA for problems in my back for about three years now and have gotten no where in figuring out what the cause is or controlling the pain associated with my problems. I am having a pretty good amount of pain in my upper back in between and just under my shoulder blades and I also have a mild protrusion in my L5S1 disc. I hurt my disc about a year ago and the VA just did a nerve conduction study a few weeks ago and they said the test results came back normal. I am still having pain down my left leg though. I just rehurt that disc on Wednesday by doing squats with a total of 95 pounds. The VA doctor said I was ok to do strength training and even though i didn't completely agree I thought i would try it to see if it would help resolve the problem in my upper back. I went and seen the primary care doctor the day it happened and they gave me an NSAID shot which helped a little. I went in today to talk to the Doctor at the pain management clinic in Marion IL. I had a literally four minute sit down with him and he rushed me out. I told him the amitriptiline i had been taking was doing nothing and he told me to stop taking it so i said ok. I told him my back was still hrting and that i rehurt my disc and asked for another scan to see how the disc was looking since its been over 8 months since i hurt it. he said "I don't see a reason to do another 1000 dollar scan" I said i didnt see what the price of the scan had to do with anything and he said "well it doesnt but i dont see enough evidence to run another scan at this point" I simply said ok with a look of disgust. I asked what he wanted me to do about my pain and back. He said to stay away from free weights if i was exercising and to stretch my back and to do aquatics. first of all i do stretch, second i dont have a pool to swim in nor one near. Then he dismissed me and i talked to the nurse. he didnt put me on any other type of pain medication and sent me to be treated by my primary care doctor. As i was talking to the va nurse she asked what he said and i told her that he basically said nothing and told her what i typed earlier in the above. I told her that I was going to the private sector to get another opinion and that the doctors at the va dont give a shit about their patients and that i thought the reason why is because their pay check doesnt depend on their quality of care nor the amount of patients they have. I am completely disgusted with this shitty excuse for a health care system and the patient advocates basically do nothing but try and talk to you. I have no idea what to do other than really going to the private sector which i have no medical insurance because i can't work. i cant even stand for longer than four hours without my back becoming so exhausted and painful that im hunched over like a ninety year old man, Im 26. What in the world can I do. I feel like this is neglect or malpractice or something along those lines. It is rediculous and I can't even express how dissatisfied i am. what a joke!!!!
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