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
Fehlschlag
Hello, I'm just wondering if I have a chance at all with my claim. I'll go over all of the details so an educated guess can be made.
I served in the USAF for a little over a year, no mental issues whatsoever prior to service although somehow my SMR's state depression started before service and I had a past suicide attempt. I think they must've misheard me because I tend to mumble a lot now. A few months after arriving at my new base to receive final training for my job I was hospitalized and diagnosed as bipolar 1 disorder (now diagnosed as schizoaffective disorder) They discharged me saying it existed prior to service based on the incorrect information in my records that stated depression was experienced before service and the suicide attempt in high school.
I have sent 21438's from myself, my wife, and my mother stating that depression didn't exist whatsoever prior to service and there were no suicide attempts at all. Along with this I have sent a letter from both my psychiatrist and psychologist. My psychologist stated that "more likely than not" my condition was incurred or began during military service. My psychiatrist stated that my initial episode was triggered by military service, and my condition is a result of experiences during military service.
I have had my C&P exam and the examiner stated: " he had what appears to be his first break of psychosis while on active duty and was hospitalized." blah blah blah "The veteran is competent for VA purposes while compliant with medication. He is employable only in a very limited setting in which he would have little contact with the public, very predictable expectations for performance, and very limited changes in environment due to sensitivities to stress."
Diagnoseses:
Axis 1: mood disorder NOS, w/psychotic features
axis2: none
axis 3: see c-folder
axis 4: Stressors are chronic and severe
The psychiatrist, however, keeps telling me that the VA will not accept service connection and claims the outlook is dim for me because my condition would've developed anyways. However, he knows nothing of how the VA works so I try not to take his statements to heart.....I really just don't like they guy. He won't help me with much of anything he just keeps trying to shove me back into work but both times I've tried to return to my job my symptoms flare up and I end up unable to continue working.
My psychiatrists negative outlook on the outcome of my claim is why I'm here asking for input. It keeps running through my head, I need more input negative or positive, just lay it on me please. Waiting for the decision is killing me.
Link to comment
Share on other sites
Top Posters For This Question
6
1
1
1
Popular Days
Dec 7
7
Dec 27
3
Dec 11
1
Dec 12
1
Top Posters For This Question
Fehlschlag 6 posts
Philip Rogers 1 post
Notorious Kelly 1 post
hedgey 1 post
Popular Days
Dec 7 2011
7 posts
Dec 27 2011
3 posts
Dec 11 2011
1 post
Dec 12 2011
1 post
13 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