Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
-
Tell a friend
-
Recent Achievements
-
Our picks
-
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, -
-
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, -
-
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, -
-
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, -
-
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, -
-
Question
cojolio
Is the statement by Dr XXXXXX strong enough to serve as a nexus / or is the evidence strong enough by itself?
This SAME doctor (but another temporary person) did a EMG in 09 and said everything was ok. Now in 2011 after complaining a lot they sent me to him again and NOW he found the nerve damage. How does this weight with the VA Raters? Same doctor first saying no damage, now saying there is damage and unlikely to heal?
Do you guys think this will get me at least a C&P exam before they deny my claim?
I'm certain that if I do get a C&P exam, and an EMG is needed, that Dr. XXXXX is probably going to be the one (or the docs at ortho) doing the exam. Is it usual for them to go back on their previous diagnostics just because it's a "C&P exam"? Will they know in advance that they diagnosed you before with nerve damage?
Do you guys think I should pursue the claim as is (hopefully get a C&P) and see if it gets approved with my progress notes and src med records without contacting Dr Bash first? I know his IMO will help with the claim but I am not in the best position to spend the money on it right now. I could wait and save enough for it and then submitted with his IMO. What do you guys think, proceed without his IMO, or wait and get his IMO then submit? Keep in mind I only have my srv records and progress notes, no C-File since I haven't asked the VARO for it…which could delay even more.
How I worded the first couple of sentences stating that I want to claim them secondary to already SC ankle injury, does it sound confusing? It does to me, but I dont know any better way? please comment on it:-)
How does the "Background of the injury" sounds? more details? anything missing etc...?
This is my first claim I put together myself, haven't been to the my VSO or anything…just getting a rough draft ready this weekend:-)
Please let me know what ya'll think about it, how strong it looks, how can it be stronger…just trying to make it as smooth as possible once it gets to the VA Raters desk so I don't have to wait years on appeals if denied.
PS. I will send the VA copies of all the pertinent med records, including MEB board... (i know they already have it...) highlighting the things I mentioned on my claim....
Also, I have MRI's showing narrowing disc L5/S1 intervertebral disc space on my Miami VA progress notes, and going to physical therapy for lower back pain. Same thing on my ARMY serv records. Can this be linked to the injury as DDD or anything else? I left it out because nerve damage is my primary concern for now...
Thanks in advance for taking the time to look at it:)
I have been DENIED in 2008 by the VA, all without NOD (i know i should of...now Im fighting an uphill battle...) for the following conditions: DC 5024 -left and right knee condition, DC 6211 - right eardrum, DC 5237- lower back, DC 8724 - numbness left hallux (i hope they dont say Im trying to claim the same thing because of these conditions)...
hadit - first draft.pdf
nothing here
Link to comment
Share on other sites
Top Posters For This Question
9
6
3
Popular Days
Sep 24
13
Sep 26
5
Top Posters For This Question
cojolio 9 posts
cooter 6 posts
carlie 3 posts
Popular Days
Sep 24 2011
13 posts
Sep 26 2011
5 posts
17 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now