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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
Picked By
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
Scott D
I have been seeking service connection for food allergies since 2005. Food allergens are causing scar tissue and inflammation in my esophagus that causes the in ability to swallow. My treatment plan has recommended switching to a liquid elemental diet, but my health insurance views that as a nutritional supplement and requires anywhere from a $1000 or more out of pocket to cover costs. I have been trying to get the VA to connect food allergies with the esophagus stricture (currently service connected).
In my SMR the food allergies were written as Oral Allergy Syndrome and for this reason service connection was denied approx 2008.
Should they have service connected Oral Allergy Syndrome???
I am still attempting service connection for food allergies with the evidence below. What else should I obtain prior to submission.
The following is submitted as requested by decision letter (VA requested information that may show IBS (service connected) may be secondary to food allergies): Not sure how to get this info.
The veteran is submitting evidence that is contained in the Service medical record that shows evidence of allergic conditions present in service.
Attached are copies of pages from the SMR which indicates allergic conditions and treatment.
Attachments:
1. Health Surveillance form dated 16 Jun 03 Where allergies, asthma etc… was checked.
2. SMR page dated 09 Jul 2003 Patient presenting food allergy to fruit/vegetables with throat closing (cucumber, melon, orange, bananas, and tomatoes). Possible food allergies refer to allergy clinic.
-I had an appointment at the allergy clinic located at Madigan Hospital. During this visit skin prick testing was only accomplished for allergens like dust, grass, mold, trees etc… The medical staff did provide guidance that avoidance to the foods that causes allergy symptoms is required and the only option to treat food allergies.
3. Printout of medication which shows multiple prescriptions for Flonase and Allegra to treat allergic rhinitis, and a prescription for an EPI-Pen used to treat anaphylaxis caused by food allergy.
4. SMR page dated 10 nov 2004 showing allergies
5. SMR page dated 04 JAN 2005 documenting Allegra and flonase use and allergies.
5. SMR page 01 FEB 2005 documenting a history of allergies
6. SMR page dated 07 Feb 2005 documenting allergies with Allegra and Claritin
7. The Independent Duty Corpsman, assigned to the command I was attached to, is also issuing a statement documenting our discussions concerning treatment for food allergies.
Treatment records in c-file document continued treatment for food allergy testing, and allergic rhinitis with polyps.
Veteran seeks service connection for food allergies present in service and allergic rhinitis.
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